IOWA SCHOOL 
OFFICERS' MANUAL 
OF SCHOOL LAWS 

1917-1919 




PUBLISHED BY 

HAMMOND & STEPHENS CO. 

FREMONT, NEBRASKA 



Copyrighted igiyby Hammond & Stephens Co., Fremont, Nebraska 



©C!,A472897 



AUG 31 1917 



> / 



. T'-i 3 



PREFACE. 

This manual does not include all the laws that pertain to the public 
schools and school officers of the state. It does include, however, all the es- 
sential laws — those that the school officer has occasion to know in order 
that he may perform his duties as such. Particular attention has been paid 
to recent school legislation, a great amount of which was passed by recent 
General Assemblies. 

I have attempted to classify and arrange the school laws, explaining dif- 
ficult matters where not easily comprehended, so. that they may be easily 
found and easily understood, and in every case have cited the authority in 
support of the propositions set forth. Citations, unless otherwise indicated, 
refer to the 1915 edition of the Iowa School Laws. All matters pertaining 
to a given topic have been placed in separate chapters, or in sub-divisions of 
chapters. Cross references, wherever possible, are given to other sections 
and matters bearing upon the same subject. 

No attempt to be original has been made. Clearness and a proper clas- 
sification only has been my aim. It is a common remark among lawyers, as 
well as among laymen, that it is difficult to find a point in school laws, and 
also difficult to reconcile sections which seem to be in conflict. That I have 
succeeded in remedying the defects noted above in full is too much to hope; 
but in the belief that I have succeeded in making more usable that mass of 
legislation pertaining to the public schools and the school officer this book- 
let is submitted. Yours respectfully, 

COUNTY SUPERINTENDENT OF SCHOOLS. 



CHAPTER I. 

THE SCHOOL SYSTEM — OFFICERS. 

Sec. 1. Superintendent of Public In- Sec. 14. Rural Independent Districts 
struction United Into School Township. 

2. County ' Superintendent of 15, Formation of independent City. 
Schools Town or Village District. 

3. Boards 'of School Directors. 16. Changing Boundary Lines 

4. State Board of Education. 17. Change of Boundary When 

5. State Board of Educational Ex- Corporation Limits Changed, 
aminers IS- Division of Assets and LiabiU- 

6. State Board for Vocational Edu- ties, When Change In Bounda- 
CRtiop ncs. 

7. School Corporations — Classes. 19. Consolidated Independent Dis- 

8. School Townships — How Formed. tricts. 

9. Dividing School Townships Into 20. Transportation To and From 
Subdistricts. School. ^ . ^ ,-, , 

10. School Townships Changed to 21. Transportation Contract — Rules 
Rural Independent Districts. and Regulations. 

11. Uniting Two or More Independ- 22. School Building — Location, 
ent Districts. 23. Organization. 

12. Subdividing Independent Dis- 24. Dissolution. 

tricts Into Two or More Inde- 25. State Aid to Consolidated 
pendent Districts. Schools. 

13. Attaching Territory to an Ad- 26. School Corporations May Sue or 
joining Corporation and Restora- Be Sued. 

tion. 27. County Agricultural Associa- 

tions and Schools. 

Sec. 1. Superintendent of Public Instrxxction, 

At the head of the school system of Iowa is the Superintendent of Pub- 
lic Instruction, charged by statute with "general supervision over rural, 
graded and high schools of the State, and over such other State and public 
schoools as are not under the control of the State Board of Education, or 
Boarid of Control of State Institutions." 
Sec. 2. County Superintendent of Schools. 

The general supervision of the public schools of the county is lodged in 
the County Superintendent of Schools. See Chapter 3. 
Sec. 3. Boards of School Directors. 

The direct management of the public schools is in the hands of the 
school boards, but some of the authority they may exercise must first be 
granted to them by the electors. (§2823). See Section 136 below. 

Sec. 4. State Board of Education. 

The State University, the State College of Agriculture and Mechanic 
Arts, the State Teachers' College, the School for the Deaf, and the College 
for the Blind are under the management of a state board of education, con- 
sisting of nine members, appointed by the Governor and confirmed by the 
Senate. This board chooses from outside its members a finance committee 
of three, who have general supervision of the financial affairs of these in- 
stitutions. 
Sec. 5. State Board of Educational Examiners. 

"The Educational Board of Examiners shall consist of the Superintend- 
ent of Public Instruction, president of the university, president of the State 
Teachers' College, president of the State College of Agricvilture and Me- 
chanic Arts, and two persons to be appointed by the Governor, one of whom 
shaU be a woman." (§2628, as amended by S. F. 451, 37th G. A.) All 
teachers' certificates are issued by this board, and "all examinations shall 
be conducted in accordance with rules and regulations adopted by the board, 
not inconsistent with the laws of the State." (§2629.) 



Sec. 6. State Board for Vocational Education. — State and Federal Aid. 

A State Board for Vocational Education has been created, consisting of 
the Superintendent of Public Instruction, the president of the State Board of 
Education, and the commissioner of the Bureau of Labor Statistics. An ad- 
visory committee of nine members is provided for. Such board shall pro- 
vide foor investigations "relating to prevocational and vocational training in 
agricnltiu-al, industrial, home economics and commercial subjects, to pro- 
mote and aid in the establishment of local communities of public schools, 
departments and classes giving instruction in such subjects," to establish 
standards for, to certificate teachers of such subjects in approved schools, 
departments and classes supported and controlled by the public for the train- 
ing of teachers and supervisors of such subjects. 

The State has accepted the benefits of an Act of Congress providing for 
federal aid to such schools on certain conditions, and for each dollar of 
federal aid received the local community must expend an equal amount for 
such purpose. 

The Board of Directors of any school corporation may provide for such 
instruction. — (H. F. 445, 446, 37th G. A.) 

Sec. 7. School Corporations — Classes. 

The classes of school corporations in Iowa are (1) school townships and 
(2) independent districts. Independent districts may be (A) rural inde- 
pendent, (B) city, town and village independent, or (C) consolidated inde- 
pendent districts. 
Sec. 8. School Townships — How Formed. 

"When a new civil township is formed, the same shall constitute a 
school township. * * *" (§2890) 
Sec. 9. Dividing School Township Into Subdistricts. 

The board of any school township may, by a majority vote of the mem- 
bers, at the regular meeting in July, or at any special meeting called there- 
after for that purpose, divide the township into subdistricts, such as justice, 
equity, and the interests of the people require, and may make such altera- 
tions of the boundaries of subdistricts heretofore formed as may be deemed 
necessary. " * * * The boundaries of subdistricts shall conform to 
the congressional divisions of land." (§2801.) 
Sec. 10. School To\vnships Changed to Rviral Independent Districts. 

The people of a school township may change to rural independent dis- 
tricts under §2797. which provides that upon petition of one-third of the 
legal voters of each subdistrict the board of the school township shall call 
an election thereon, and, if a majority of the voters in each subdistrict vote 
in favor of such a change, then said board shall call an election in each sub- 
district (now a rural indenendent district) for the election of a board of 
three directors. See also §15 below. 
Sec. 11. Uniting Two or More Independent Districts. 

Contiguous independent districts mav unite under §2799 by a majority 
vote in each district when such a nronosition has been submitted to the voters 
by their respective boards. Such proposition must be submitted when ten 
voters of each district, or. if there be not ten voters in a district, then a 
maiority of such voters, renuest that such proposition be submitted. Each 
district must vote separately. 

Sec. 12. Subdividing Independent Districts Into Two or More Independent 
Districts. 

Indenendent rlistricts mav pnbrlivide >>v maiority vote of the electors 
of each nrnnrmed district under S2798. CThe bonrd of the original district 
to establish the boundaries), but new districts shall contain at least four 
sections of land, excent in case of a stream or other natural obstacle, or, 
if such new district shall contain a town or village of one hundred or more, 
then it may contain less than four sections, but not less than two. 

.6 



Sec. 13. Attaching Territory to an Adjoining Corporation and Restoration. 

"In any case wtiere, by reason of natvu*al obstacles, any portion oof the 
inhabitants of any school corporation, in tlie opinion of the Comity Super- 
intendent, cannot, witli reasonable facility, attend school in their own 
corporation, he shall, by a written order, in duplicate, attach the part thus 
affected to an adjoining schoool corporation, the board of the same consent- 
ing thereto. * * * Township or county lines shall not be a bar to the 
operation of this statute." (§2971.) Streams well bridged and distance are 
not considered obstacles. 

Territory so set off may be restored in either of two ways: (1) By 
concurrence of both boards; (2) Upon written application of two-thirds of 
the voters of the part set off or attached, with the consent of the County 
Superintendent and the board which is to receive back the territory. 
(§2792.) 

Sec. 14. Riu-al Independent Districts United Into School Township. 

Rural independent districts in a township may unite into a school town- 
ship by majority vote, to be taken upon written request to the trustees of 
one-third of the voters of the township. For the law in full see §2800. 
Sec. 15. Formation of Independent City, Town or Village District. 

"Upon the written petition of any ten voters of a city, town or village 
of over one hundred residents to the board of the school corporation in 
which the portion of the town pJat having the largest number of voters is 
situated, such board shall establish the boundaries of a proposed independent 
district, including therein all of the city, town or village, and also such con- 
tiguous territory as is authorized by a written petition of the majority of the 
resident electors of the contiguous territory proposed to be included in said 
district, in not smaller subdivisions than entire forties of land, in the same, 
or any adjoining school corporations, as may best subserve the convenience 
of the people for school purposes, and shall give the same notices of a meet- 
ing as required in other cases, at which meeting all voters upon the terri- 
tory incliKJed within tlie contemplated independent district shall be allowed 
to vote by ballot for or against such separate organization. .When it is pro- 
posed to include territory outside the town, city or village, the voters resid- 
ing upon such outside territory shall be entitled to vote sepai'ately upon the 
proposition for the formation of such new district, by presenting a petition 
of at least twenty-five per cent of the voters residing upon such outside ter- 
ritory, and, if a majority of the votes so cast is against including such out- 
side territory, then the proposed independent district sliall not be formed; 
provided, that a subdistrict containing a village with a population of seventy- 
five, or more, may, under the provisions of tlus Act, organize into an inde- 
pendent school district." (§2794.) 

Such a petition being presented, the board is bound to submit it. (172 
Iowa 361). The posting of five notices within the proposed district of the 
time and place of such election is all that is required. (169 Iowa 634.) 
Under this section an independent district may be formed with less than two 
sections of land, irrespective of the limitation in Section 2798. See Section 
12 above. If all the subdivisions included form one contiguous body, and 
such body is contiguous to the corporation, such subdivision is contiguous 
within the meaning of the statute. (162 Iowa 257.) 
Sec. 16. Changing Boundary Lines. 

"The boundary lines of contigvious school corporations may be changed 
by the concurrent action of the respective Boards of Directors at their regu- 
lar meetings in July, or at special meetings thereafter called for that pur- 
pose. The corporation from which territory is detached shall, after the 
change, contain not less than foiu" government sections of land, and its 
boundary lines must conform to the lines of congressional divisions of land. 
In the same manner, the boundai-y lines of contiguous school corporations may 



be so changed that one corporation shlall be included in and consolidated 

with the otlier as a single corporation." (§279 3.) 

Sec. 17. Change of Boundary When Corporation Limits Changed. 

"When the boiuidary line between a school township and an independ- 
ent city or town district is not also the line between civil townships, such 
boundary jnay be changed at any time by the conciu-rence of the Boards of 
Directoi's; but in no case shall a f oily-acre tract of land, by the government 
sui'vey, be divided; and such subdivisions shall be excluded, or included, as 
entire forties. The boiuidaries of the school township, or the independent 
district, may in the same maimer be extended to the line between civil town- 
ships, even though by such change one of the districts shall be included with- 
in and consolidated with the other as a single district. When the corporate 
limits of Jiny city or town are extended outside the existing independent dis- 
trict, or (listricts, the boimdai-ies of said independent district, or districts, 
shall be also correspondingly extended. But in no case shall the boundaries 
of an independent district be affecte<l by the reduction of the corporate limits 
of a city ot town." (§2793-a.) See 165 Iowa 731. 

If the boundary between an independent district and a school township 
is the line of the civil township, it cannot be changed, unaer §279 3-A, except 
there be an incorporated town, and then only by the extension of the cor- 
porate limits of such town. If the independent school district includes a 
portion of a civil township, tlie remainder of which is a school township, 
the boundary between the districts may be changed. 
Sec. 18. Division of Assets and Liabilities When Change in Boundaries. 

"When any changes ai-e matle in the boimdaries of any school corpora- 
tion the new corporation shall elect a Board of Directors in accoi-dance with 
the new boundaries, and such new boaixls shall organize as provided in sec- 
tion twenty-seven himdred fifty-seven (2757) of this chapter. .The Boards 
of Directors in office at the time the changes are made in the boiuidaries of 
the school coi'poration shall continue to act until the Boards of Directors 
representing the newly formed districts have been duly organized, whereupon 
the new boards shall make an equitable division of all assets aiid liabiUties 
of the corporations affected; and, if they cannot agree, the matters upon 
which they differ shall be decided by disinterested arbitrators, one selected 
by each board having an interest therein, and if the number thus selected 
is even then one shall be added by the County Superintendent, and the de- 
cision of the ai'bitrators shall be matle in writing, either party having the 
right to appeal therefrom to the district coiu't." (§2802.) 
Sec. 19. Consolidatetl Independent Districts. 

Should tlie people of a rural community wish to provide a central 
school and furnish transportation to pupils, tliey should follow the provisions 
of §§27 94-A to 27 9 5, inclusive, which are given below. The Thirty-fifth 
General Assembly provided that a bonus sliall be given to all consolidated 
independent districts. See §25. 
Petition For — Question Submitted — Organization Completed. 

"When a petition describing the boundaries of contiguous teiTitory, 
containing not less than sixteen sections within one or more counties, is 
signed by one-third of the electors residing in such teri-itory, and filed with 
the County Superintendent, or, if the proi)osed consolidated district is made 
up of a part of two or more counties, then with the Coiuity Superintendent 
of the county in which the greatest number of freeholders in the proposed 
district reside. 

"The County Superintendent, with whom such petition is filed, shall 
fix a time not less than five nor more than fifteen days thereafter, at which 
time wi-itten objections to the proposed boundaries of the proi>ose<l consoli- 
dated district may be filed with such County Supei'iiitendent by any jierson 
residing or ovviiing land within such proposetl boundaries, or any person 

8 



living in any subdistrict, a part of which is included in such proposed con- 
solidated district. Notice of the time and place shall be given in a news- 
paper published in such proposed consolidated district, if there be such 
paper; and, if there be none, then such notice shall be published in the offi- 
cial papers of the coimty in which the County Superintendent giving such 
notice shall reside. 

"At the time and place fixed, all objections to said proposed boimdaries 
then filed shall be heard by such Ck)unty Superintendent upon their merits, 
after which hearing the said County Superintendent shall fix and determine 
the boimdaries of the proposed consolidated district. The iiiMng upon such 
objections and fixing of boimdaries shall be made in \\Titing within five days 
after the same have been finally submitted. Any person having filed such 
objections and being aggrieved by the ruling of the County Superintendent, 
may appeal therefrom to the County Board of Education within five days 
after the ruling is filed by the County Superintendent, and shall serve no- 
tice on said Coimty Superintendent. When the County Superintendent is 
notified that an appeal has been taken from the ruling, such Coimty Super- 
intendent shall, within five days thereafter, file Avith the County Board of 
Education all of the original papers, together with the transcript of the pro- 
ceedings before the County Superintendent. When the time for taking such 
appeal has expired, the County Board of Education shall fix a time not later 
than ten days thereafter when all such appeals shall be heard; the persons 
taking such appeal shall serve notice thereof upon the persons or school 
corporations in interest by posting notices in five conspicuous places in said 
proposed district, giving at least five days' notice of the time and place 
where such appeal will be heard. The Coimty Board of Education shall de- 
termine such appeal within three days after the submission thereof, which 
decision shall be final as to said boundaries. 

"If no objections be filed, or if, after final hearing, the objections are 
not sustained, and the said petition is approved, it shall be the duty of said 
Board of Directors, Avithin ten days, to call an election in the proposed con- 
solidated district, notice of which shall be given by publication in one issue 
of some paper published in the proposed consolidated district, if one is so 
published. If there be no such paper, the notice shall be published in one 
issue of the official papers of the countv oi* counties in which the proPOs*^d 
consolidated district is located, at which election all voters residing in the 
proposed consolidated district shall be entitled to vote by ballot for or 
against such separate organization. 

"When it is proposed to include in such district a school corporation 
containing a city, town or village, with a population of one hundred or more 
inhabitants, the voters residing upon the territory outside the limits of the 
said school corporation shall vote separately upon the proposition to create 
such new district. The judges of said election shall provide separate ballot 
boxes in which shall be deposited the votes cast by the voters from their 
respective territory, and if a majoritv of the votes cast by the electors re- 
siding either within or without the limits of such city, town or village, is 
against the proposition to form a consolidated independent corporation, then 
the proposed corporation shall not be formed. If a majority of the votes so 
cast in each territory shall be in favor of such independent organization, the 
organization of the proposed consolidated independent school corporation 
shall be completed by the election of a Board of Directors for said school cor- 
poration, as provided in section twenty-seven hundred ninety-five of the 
Code, and, when so organized, shall not be reduced to less than sixteen sec- 
tions unless dissolved as provided by this Act. 

"No remaining portion of any school corporation from which territory 
is taken to form such a consolidated independent coriJoration shall, after the 
change, contain less than fom* government sections, which territory shall be 



contiguous and so situated as to form a suitable coi*poration. In the forma- 
tion of such consolidated school coi-poration the boiuidary lines shall con- 
form to those of coi'porations or district already established, so far as prac- 
ticable, and, in case the boundary of such district be a public highway, then 
the said consolidated district may include such tracts of 160 acres, or less, 
as ai-e contiguous to the said highway, and the County Superintendent, after 
a full and fair hearing, gives his approval. And where, after the formation 
of such consolidated school corporation, there is left in any school township 
one or more pieces of territory containing foui- or more government sections, 
each of such pieces of teriitory shall thei-eof become a riu*al independent 
school corporation, unless two or more subdistiicts remain in a contiguous 
body, in which event such remaining portion of territory shall constitute a 
school towTJshin, and it shall be the duty of the officers of the former school 
township to call an election in each of such remaining pieces of territory for 
the purpose of electing school officers in the manner pi'ovided by law for the 
election of officers in rural independent school and school township organi- 
zations. 

"All costs incurred shall be paid by the school district in which such 
consolidation is proposed." (2794-A, as amended by S. F. 579, 37th G. A.) 

A form of a petition to establish a consolidated independent district is 
given on page 214 of the School Laws, to which the reader is referred. 
Board to Organize — When — Tax L/evy. 

"The organization of the School Board in consolidated indeoendent school 
coniorations shall be effected on or l>efore the first day of Jvily, following 
their election, and, when comidete<l,all taxes previously certified shall be void 
so far as the propei-ty within the limits of the consolidated independent school 
corporation is concerned, and tlie board of said consolidated independentschool 
corporation shall at a regular meeting, or a special meeting called for the 
purpose, at anv time prior to the third IMonday in August of each year, levy 
for the general fund of said school the amount of all necessary taxes for all 
school purposes, which shall not excee<l fiftv ($50.00') dollars for each per- 
son of school age, except that, where an apni'oved high school course is 
maintained in such school, the le\'y may be sixty dollars for each person of 
school age, the amount so IcAied to be certified by them to the County Board 
of Supervisors on or before the first Monday of September, in each year, and 
the Boai'd of Supervisors shall levy said tax at the same time, and in the 
same manner that other school taxes are required to be levied." (§2794- 
A-C-B.) 

Sec. 20. Transportation to and Prom School. 

"It shall be the duty of the School Boai'd of any consolidated independ- 
ent school corporation and school township maintaining a central school to 
provide suitable transportation to and from school, for every child of school 
age living within said district, and outside the limits of any city, tOAvn or 
village, but the board shall not be i-equired to cause the vehicle of transpor- 
tation to leave the public highway to i-eceive oi* discharge occvipants thereof. 
The boai'd shall, from time to time, by resolution I'egvilarly adopted, num- 
ber and designate the route to be traveled by each conveyance in transport- 
ing children to and from school. The School Board may require that chil- 
dren living an unreasonable distance from school shall be transported by 
the parent, or guardian, a distance of not to exceed t^vo miles, to connect 
with any vehicle of transportation to and from school; or may, in the dis- 
cretion of the board, contract with an adjoining school corporation for the 
instrviction of any child living an unreasonable distance from school, and 
they shall allow a reasonable amount of compensation for the transportation 
of children to and from the point where they are taken over, or discharged 
from the vehicle used to convey them to and from school, or for transport- 
ing to an adjoining disti'ict. In determining what an unreasonable distance 

10 



would be, consideration sliall be given to the number and age of the chil- 
dren, the condition of the roads, and the number of miles to be traveled 
in going to and from school. .The board shall have the right, on accoimt of 
inclemency of the weather, to suspend transportation of any route upon any 
day, or days, when, in the judgment of the said board, it would be a hard- 
ship on the children, or when the roads to be traveled are unfit or impassa- 
ble." (§2794-a (c) ). 

Sec. 21, Transportation Contracts — Rules and Regulations. 

See §2794-a (d). 
Sec. 22. School Building — Location. 

"It shall be the duty of the School Board of any consolidated independ- 
ent district to provide a suitable school building within such district, and 
shall, at any regular meeting, or at a special meeting called for that pur- 
pose, submit the question of levying a tax for the building of any school 
building suitable for the needs of the district, or for the building of a super- 
intendent's or teacher's house, or for the repairing of any school building 
where the cost of such repairs exceeds the sum of two thousand ($2,000) 
dollai's, to the qualified voters of said district, and all moneys received from 
such soxu'ce to be placed in the schoolhouse fmid of said coi*poration, and to 
be used for such pmposes only. In locating said building they shall take 
into consideration the geographical position, number and convenience of the 
scholars, and may submit the question of location to the voters of the dis- 
trict at any regular or special meeting called for that purpose; providing, 
that, whenever a city, town or village containing a school population of twen- 
ty-five (25), or more, is included within any consolidated independent dis- 
trict, then said building shall be located within the incorporated limits of 
said city, towii or village, or vipoh land contiguous to such limits, on such site 
as the School Board may detennine." (§2794-A-(e.) ' 

Sec. 23. Organization. 

"If the proposition to establish an independent district carries, then the 
same board shall give the usual notice for a meeting to choose a Board of 
Directors. Two directors shall be chosen to serve until the next annual 
meeting, two until the second, and one mitil the third annual meeting there- 
after. The board shall organize by the election of officers in the usual man- 
ner." (§2795.) 

"Organization is effected on the third Monday in March." (§2757.) 
Sec. 24. Dissolution. 

A dissolution of a consolidated district may be effected by majority vote 
under §2794-A (f.) 
Sec. 25. State Aid to Consolidated Schools. 

Consolidated schools wherein the departments and equipment for teach- 
ing agriculture, home economics, and other industrial or vocational subjects 
are provided, employing teachers qualified and empowered to teach the 
above named subjects, and wherein the above-named subjects are taught, 
subject to the approval of the Superintendent of Public Instruction, shall be 
paid from the State treasury as follows: For a two-room building, $250 for 
equipment and $200 annually; for a three-room building, $350 for equip- 
ment and $500 annually; for a four-room building, or larger, $500 for 
equipment and $7 50 annually; provided, however, that, if the annual ap- 
propriation of $100,000 is insufficient to pay the above amounts to all 
schools, then each shall receive an amount in proportion to the amount they 
would have received had such appropriation been sufficient. (§2794-b, c, d.) 
No consolidated school having a high school department maintaining a nor- 
mal training course shall receive additional aid for maintaining the normal 
training course. (§2794-F.) 
Sec. 26. School Corporations May Sue or Be Sued. 

See §2743. , . 

11 



Sec. 27. Coiuity Agricultural Associations and Schools. 

A coiporation may be foriiied in each county for advancing the science 
and art of agriculture, domestic science, animal husbandry, and horticul- 
ture. Such corporations may establish an agricultural school, in which above 
subjects shall be taught. (§§1683-a-e, Supp. Supp., 1915) 



CHAPTER II. 

THE DEPARTMENT OF PUBLIC INSTRUCTION. 

Sec. 28. The State Superintendent. Sec. 31. Inspector of Normal Training 

29. Deputy Superintendent and In- Hi,gh Schools. 

specters. 32. Inspector of Rural Schools. 

30. Powers and Duties of State 33. Some Other Duties of State Su- 
Superintendent. perintendent. 

Sec. 28. The State Superintendent. 

At the general election in 1918, and every four years thereafter, a 
superintendent of public instruction shall be elected by the qualified voters 
of the State. (S. F. 494, 37th G. A.) He shall be a graduate of an accred- 
ited university or college, or of a four-year course above high school, of an 
accredited normal school, and shall have had at least five years' experience 
as a teacher or school superintendent. (§2627-B.) 

Sec. 29. Deputy Superintendent and Inspectors. 

The State Superintendent may appoint a deputy, whose appointment 
must be approved by the Governor, and shall appoint regular inspectors of 
the public schools of the State, including rural, graded and high schools, as 
he may deem necessary, not exceeding three. (§2627-G.) 
Sec. 30. Powers and Duties of State Superintendent. 

Without noting many of the powers and duties of the State Superin- 
tendent, which are already well enough known for most purposes, suffice it 
to say that a recent legislature enacted a law giving him the power to classi- 
fy the rural, graded and high schools of the State, and to furnish courses 
of study tjierefor. 

Section 2627-C contains the following provisions concerning high 
schools and other rural and graded schools of the State: 

"3. The Superintendent of Public Insti'uction shall have general super- 
vision and control over the riu-al, graded and high schools of the State. 

"It shall be his duty: 

"4. To classify and define the various schools belonging to his de- 
partment, and to formulate suitable coiu'ses of study therefor, and to pub- 
lish and distribute such classifications and covir.ses of study. 

"5. To prescribe the reports, both i-egular and special, which shall be 
made by public school officers, superintendents and teachers, and other per- 
sons or officers having the custody or control of public school fluids or prop- 
erty, and to prepai'e suitable foiins therefoi", and to fiu-nish blanks for such 
reports as are made to him." 

Under the above sections, the State Superintendent, through the Inspec- 
tor of the State High and Graded Schools, has classified the public high 
schools of the State into four-year high schools, three-year high schools, 
two-year high schools, and one-year high schools; has designated a course 
of study and other requirements for each class, and, according to the stand- 
ard of a school, will designate it as belonging to one of the above classes. 
This does not mean that a school corporation must support a high school, 
but that, if one is maintained, its class will be determined by the Department 
of Public Instruction, and that it must follow the course of study, which is 
flexible and admits of many electives to be taught, and must come up to cer- 
tain standards as to library, length or recitation periods, laboratory equip- 
ment, number of teachers, etc., depending upon its class, jirovided it be- 
comes an approved high school. 

12 



The tuition law, providing that the tuition of pupils completing the 
eighth grade of the home corporation not supporting a high school may at- 
tend any high school that will receive them, their tuition to be paid by their 
home corporation, has been modified by Section 273o-la, as amended by 
H. F. 70, 37th G. A., which provides that such high school must be approved 
by the Department of Public Instruction. For this law in full see §210. 
The significant portion of the law as to the approval is as follows: 

"Any person of school age who is a resident of a school corporation 
which does not offer a foiu-yeiii' liigli school course, and who has completed 
the course as approved by the Department of Pubhc Instruction for such 
corporation, shall be permitted to attend any public high school or county 
high school in the state, apijroved in like manner, that will receive him." 

Under the above section the course of study of corporations receiving 
eighth-grade graduates from other corporations, in order to collect tuition 
from the corporation of the pupil's residence, must be approved by the State 
Department. Information concerning the conditions of approval may be ob- 
tained from the Department of Public Instruction, Des Moines, Iowa. 
Sec. 31. Inspector of Normal Training in High Schools. 

To increase the facilities for training teacners for the rural schools, pro- 
vision is made for normal courses in high schools of the State that meet 
certain standards. (§2634-B3.) Each scnool so approved receives $750 an- 
nually. Under authority of the above provisions an inspector of normal 
training in high schools has been appointed by the State Superintendent, 
and it is his duty to formulate courses of study for pupils taking the normal 
course, and to supervise their instruction in such schools. 
Sec. 32. Inspector of Riu*al Schools. 

The State Superintendent is given power to classify and define the 
various schools and to furnish courses of study therefor, and, as noted 
above, he may appoint an inspector of rural schools. Accordingly, he has 
a,ppointed such an inspector, and has issued "A Course of Study and Manual 
of Methods for the Elementary Schools of Iowa." In effect, all rural 
schools must follow this course of study, for no one may have tuition paid 
by his home district when he attends a high school unless he has "com- 
pleted the course as approved by the Department of Public Instruction " 
(§2733-A 1, as Amended by H. F. 70, 37th G. A.) 
Sec. 33. gome Other Duties of the State Superintendent. 

He hears and decides cases appealed from the decision of the County 
Superintendent (§2820); he is president of the Educational Board of Ex- 
aminers (§2628); he appoints the time and approves of the faculty of nor- 
mal institute; prepares and distributes school laws; makes a biennial report 
to the Governor; publishes and distributes special day booklets; prepares 
examination questions for teachers' and eighth-grade examinations; pro- 
motes such changes and improvements in the schools by addresses and bul- 
letins as lie may think desirable. (§2627-C) 



CHAPTER III. 

THE COUNTY SUPERINTENDENT. 

Sec. 34. Election — Term. Sec. 3;^. Examinations. 

35. Qualification. 40. Teachers' Institutes. 

36. Salary. 41. Appeals. 

37. Deputy County Superintendent. 42 Reports. 

38. Powers and Duties — Enforces 43. Board of Education. 
School Laws. 44. Visitation of Schools. 

45. Miscellaneous. 
Sec. 34. Klection — Term. 

On the first Tuesday in April, 1915, and each third year thereafter, a 
convention shall be held at the county seat for the purpose of electing a 
County Superintendent of Schools, whose term of three years shall begin on 

13 



the first secular day in September following. Vacancies shall also be filled 
in lilie manner. (§2734-B 1.) 

At this convention each school township, city, town or village inde- 
pendent district, and each independent consolidated independent district in 
the county shall be entitled to one vote. 

"Each such school coiporation shall be represented at the convention 
by the president of the School Boai-d, or, in his absence or inability to act, 
by some member of such School Board, to be selected by the board. It is 
fui'ther provided, however, that vvliere a congressional townsliip is composed 
in whole, or in part, of rui-al iiidependent districts that such rural independ- 
ent districts shall be entitled to one vote in the convention, which vote shall 
be cast by such person as may be selected by the presidents of the component 
rural independent districts within such township at a meeting to be held at 
such time and place as the coimty auditor shall fix in the written notice 
hereinafter provided for. All representatives to such convention shall serve 
until a coiuity superintendent is elected and qualified. Such convention 
shall be called by the coimty auditor by mailing a written notice to the presi- 
dent and secretary of each school corporation at least ten days prior to the 
date of such convention, and by the publication of such notice in the official 
newspapers published in the coimty. The coiuity auditoi' shall be the secre- 
tary of such convention, and shall call the sjune to ordei', and submit a list 
of the school corporations entitled to particijiate in such conventions. Said 
convention shall organize by the selection of a chairman, and, when so or- 
ganized, shall elect a county superintendent of schools, who shall possess 
the qualifications re<iuired by law, and. shall hold the office for the term of 
three years, and until his successor is electe<l and qualifietl. Such conven- 
tion may, by a majority vote, select a committee, consisting of five members, 
whose duty shall be to investigate the vai-ious candidates for the office of 
county superintendent, and report to said convention at a subsequent day, to 
which the convention may adjom-n, or by a thiee-foiu-ths vote of such con- 
vention, said committee may be authoiized to elect a coimty superintendent 
arid file its election with the coimty auditoi-, and said person shall be deemed 
duly elected to such office. A majoiity of rcipi-esentatives herein pi'ovided 
shall constitute a quorum, such lepresentatives to receive t«n (10c) cents 
l)er mile one way for the distance necessarily traveled in attending such 
convention, to be paid from the county treasiu-y." (§1072.) 
Sec. 35. Qualification. 

"The County Supei'intendent, who may be of either sex, shall be the 
holder of a regular five-year State cei-tificate or a life diploma, and shall 
have had at least five yeai's' experience in teaching or siii)ei'iiitending, but 
this provision as to expei'ience shall not apply until September 1, 1918; pro- 
videtl that any Coimty Superintendent of Schools now serving shall be 
deemetl eligible to re-appointment or i-e-election imder this Act." He may 
be selected from outside the county, and even from outside the State. 
(§2734-B.) 
Sec. 36. Salary. 

"From and after the first day of September, nineteen hun'dred fifteen 
(1915), County Superintendents shall receive the following salary, payable 
monthly, and the representatives of the school corporations in session may 
allow them such fui-ther sum by way of compensation as may be just and 
proper : 

"He shall receive a salary of fifteen hundred dollars a yeai", the ex- 
penses of necessiu'y office stationery and postage, and those incurred in at- 
tendance upon meetings called by the Superintendent of Public Instruction; 
claims therefor to be made by verified statements file<l with the county 
auditoi', who shall draw his wari'ant upon the county treasui-er therefor; 
and the Board of Supervisoi-s may allow him such further sum by way of 
compensation as may be just and i»r<)per." (§2742.) 

14 



He shall also receive his actual and necessary traveling expenses in- 
curred in the performance of his official duties, but the total amount for 
any one year shall not exceed $250. (§2734-B.) 

In addition the expenses of necessary office stationei'y and those in- 
curred in attendance upon meetings called by the State Superintendent are 
paid. (§2742.) 
Sec. 37. Deputy Coimty Superintendent. 

He may appoint a deputy, with the approval of the Board of Supervisors 
entered of record, for whose acts he shall be responsible, and who may act 
in his stead except in visiting schools and trying appeals, the salary of such 
deputy to be fixed by the convention referred to in §31 above. (§2734-B, 
as amended by S. F..168, 37th G. A.) 
Sec. 38. Powers and Duties — Enforces School Laws. 

"The Covuity Sviperintendent shall see that all provisions of the school 
law, so far as it relates to the schools or school officers within his coiuity, 
are observed and enforced, specially those relating to the fencing of school- 
house groiuids Avith bai'b wire, arid the introduction and teaching of such di- 
visions of physiology and hygiene as relate to the effects of alcohol, stimu- 
lants and narcotics upon the hiunan system, and to this end he may requu'e 
the assistance of the county attorney, who shall, at his request, bring any 
action necessary to enforce the laAv or recover j)enalties inciuTed." (§2740.) 
Sec. 39. Examinations. 

He conducts teachers' examinations (§2734-C), may request that a spe- 
cial teachers' examination be held in the county, and conducts the same 
(§2734-S), conducts examinations in January and May of each year for grad- 
uation from the normal training course of schools supporting such a course 
(§26 34-B6), conducts examinations for graduation from the eighth grade 
(§2733-1 a, as Amended by H. F. 70, 37th G. A.), keeps a record of all 
teachers' examinations (§2734-F), in examinations for uniform county cer- 
tificates, shall forward to the State Superintendent his estimate of each ap- 
plicant's personality and general fitness, other than scholarship, for the 
work of teaching, and grades the answer papers of applicants in the subject 
of didactics (§27 34-M), collects the fee of $1 from each applicant for a cer- 
tificate, and pays one-half to the county treasurer and one-half to the State 
treasurer (§2734-P). He may revoke certificates for cause (§2734-U), sub- 
ject to appeal to the State Superintendent. See §41 below. 
Sec. 40. Teachers' Institutes. 

For a discussion of this topic see §19 0. He may also conduct a four to 
six weeks' summer school when deemed advisable. (§2738.) 
Sec. 41. Appeals. 

Appeals to County Superintendent. "Any person aggrieved by any de- 
cision or order of the Board of Directors of any school conioration in a mat- 
ter of law, or fact, may, within thirty days after the rendition of such de- 
cision, or the making of such order, appeal therefrom to the Coimty Super- 
intendent of the proper coimty; the basis of the proceedings shall be an affi- 
davit filed with the Coimty Superintendent of the party aggrieved within 
the time for taking the appeal, which affidavit shall set forth any error 
complained of in a plain and concise manner." (§2818.) 

Hearing and Decision. "The Coimty Superintendent shall, within five 
days after the filing of such affidavit in his office, notify the secretary of 
the proper school coi-poration in AVTiting of the taking of such appeal; the 
latter shall, ^vithin ten days after being thus notified, file in the office of the 
Coimty Superintendent a complete transcript of the record and proceedings 
relating to the decision complained of, which transcript shall be certified 
to'be correct by the secretary; after the filing of the transcript aforesaid the 
Coimty Superintendent shall notify, in writing, all persons adversely inter- 
ested of the time and place where the matter of the appeal will be heard by 

15 . 



him. At the time fixed for the hearing he shall hear testimony for either 
party, and he shall make such decision as may be jvist and equitable, which 
shall be final unless appealed from as hereinafter provided." (§2819.) 

Appeal to State Superintendent — No Money Judgment. "An appeal may 
be taken from the decision of the County Superintendent to the Superintend- 
ent of Public Insti'uction in the same manner as provided in this chapter for 
taking appeals from the board of a school corporation to the County Super- 
intendent, as neai'ly as apijlicable, except that thii'ty days' notice of the ap- 
peal shall be given by the appellant to the Comity Superintendent, and also 
to the adverse party. The decision, when made, shall be final. Nothing in 
this chapter shall be so construed as to authorize either the County or State 
Superintendent to render judgment for money; neither shall they be allowed 
any other compensation than is now allowed by law. All necessary postage 
must first be paid by the party aggrieved." (§2820.) 

Sec. 42. Reports. 

He is required to make a report to the State Superintendent not later 
than the last Tuesday in August (§2739). For a failure to file this report 
he shall forfeit $50 to the school fund of the county, and shall be liable for 
all damages caused thereby (§2741), and is guilty of a misdemeanor. At 
the same time he shall file with the county auditor a statement of the num- 
ber of persons of school age in each school corporation in the county 
(§2739). He shall also report to the superintendent of the College for the 
Blind the names, ages and address of every resident of the county so blind 
as to be unable to secui-e a common school education, to the superintendent 
for the feeble-minded all persons of scliool age who, because of mental defects, 
are entitled to admission therein (§2739), and shall report to the superin- 
tendent of the Institution for the Deaf and Dumb, by November 1, the name, 
age and address of every resident of the county between the ages of 5 and 35 
years, deaf or dumb, or so deaf as to be unable to secure an education in 
the common schools (§2724.) He shall file on the first Monday in each 
month an itemized and verified statement of expenses incurred during the 
previous month in the discharge of his official duties, and on the first Mon- 
day in September shall file with the president of the Educational Board of 
Examiners a list of persons who have held certificates, and have attended 
normal institute, with the number of days' attendance of each. (§2734-V. ) 

Sec. 43. Board of Education. 

The County Superintendent is a member and chairman of the Board of 
Education, and, when one-third of the voters of the county petition to sub- 
mit the proposition for county uniformity of textbooks to the voters, the 
County Superintendent shall immediately notify the other members of the 
board. (Other members are the auditor and Board of Supervisors.) And 
within fifteen days of the filing of the petition sliall meet and provide for 
submitting the proposition to the voters at the next annual meeting of the 
electors (§2831), and, when such proposition carries, shall proceed to adopt 
books for all rural corporations for the next five years. Notice must be pub- 
lished as to time and place of adoption (§2828). He is custodian of text- 
books submitted, and, unless otherwise ordered by the board, lias charge 
of the distribution of bool<;s among depositories (§28 32.) In counties where 
there is not uniformity of textbooks the Board of Directors in rural districts 
must consult the County Superintendent before adopting books for their 
district (§2828.) 

Sec. 44. Visitation of Schools. 

He shall visit the different schools in his county at least once during 
the school year, and also, when requested by the majority of the directors 
of any school corporation, and shall, at the request of the State Superintend- 
ent, visit and report upon such schools as may be designated. (§2734-B.) 

16 



Sec. 45. Miscellaneous. 

In all matters triable before him he shall have power to issue sub- 
poenas for witnesses (§2821), approves plans for the erection or repair of 
schoolhouses where cost exceeds $300 (§2779), may authorize the -Board of 
Directors to shorten the time for holding school to a shorter period than six 
months (§2773), shall call the attention of the board to the fact, if such it 
be, that less than twelve thrifty trees are growing on the school ground 
(§2787), gives notice of the first meeting for the election -of directors when 
a civil township is formed (§2790), appoints three referees to ascertain the 
damages when the owner of real estate desired for a school site, or school 
road, neglects or refuses, or is unknown or cannot be found, to convey the 
same (§2815), and gives due notice thereof, helps enforce the compulsory 
attendance law (§2823-F), may attach territory to another corporation 
when, by reason of natural obstacles, pupils cannot, with reasonable facility, 
attend school in their own corporation (§2791), may permit pupils to attend 
school in another corporation when said pupils reside nearer a school in 
another corporation than in their own, and one and one-half miles, or more, 
from a school in the corporation of their residence (§28 03), distributes 
school laws to school officers and to others requesting them (§2823-J), is 
chairman and a member of the Board of Trustees in counties having a coun- 
ty high school (§2728), and serves as the organ of communication between 
the Department of Public Instruction and the various officers and- instructors 
in his county. (§2734-B.) 



CHAPTER IV. 

BOARD OF DIRECTORS. 

Sec. 46. Election — Qualification — Term. Sec. 61. Erection or Repair of School- 

47. Organization and Meetings of house. 

tlie B'bard. 62. Locates Schoolliouse and Deter- 

48. Place of Meeting. mines Where Pupil Shall At- 

49. Quorum — Vacancies. tend. 

50. Powers and Duties. 63. Higher or Union Schools. 

51. Contracts — Election of Teach- 64. Renting Room — Transportation 
ers. of Pupils. 

52. Rules and Regulations — Use of 65. Approves Bonds of Banks 
Tobacco Prohibited. Wliere School Funds Are De- 

53. Discharge of Teachers— Expul- posited. 

sion of Pupil. 66. Must Maintain Water Closets. 

54. Appeals. 67. Must Provide Flags for Schools. 

55. Allowance of -Claims. 68. Entrance and Exit Doors to 

56. Changing Boundaries and Unit- Schoolrooms to Open Outward, 
ing and' Subdividing Corpora- 69. May Establish "Park Life" 
tion. Schools. 

57. Submitting Propositions to 70. May Permit Use of Schoolhouse 
Electors and Carrying Into Ef- — When. 

feet Instruction of "Voters. 71. Evening Schools Authorized. 

58. Fix Salary of Officers. 72. Use of School Building for 

59. Employing Counsel. Public Recreation Grounds. 

60. Taxation and Indebtedness. 73. Trees — Fence. 

74. Purchase of Library Books. 

Sec. 46. Election — Qualification — Term. 

"The affairs of each school corporation shall be conducted by a Board 
of Directors, the members of which in all independent school districts shall 
be chosen for a term of three years, and in all subdistricts of school town- 
ships for a term of one year." (§274 5.) 

As to who may be director see §154. 

Subdlrectors are elected on the first Monday in March, but, when the 
school township is not divided into subdistricts, the three members of the 
board shall be elected at, large on the second Monday in March. There is 
this exception also: Where there is an even number of subdistricts a direc- 
tor-at-large shall also be elected on the second Monday in March (§2752). 

17 



In all other corporations directors are elected on the second Monday in 
March. (§2754.) 

See also §§132 and 151. 
Sec. 47. Organization and 3Ieetings of the Boai-d. 

"The Board of Directoi-s of all independent city, town, and village cor- 
porations, school townships maintaining school or schools with high school 
departments, and consolidateil independent districts, shall organize on the 
third Monday in' Maich, and those of all other school corporations on the 
first day of July, unless that date falls on Sunday, in which case the day 
following. 

"Such organization shall be effected by the election of a president from 
the members of the board, who shall be entitled to vote as a member. Such 
si>ecial meetings may be held as may be determinetl by the board, or called 
by the president, or by the secretary vipon the wi'itten request of a majority 
of members of the board, upon notice specifying the time and place, deliv- 
ei'ed to each member in person, but attendance shall be a waiver of notice." 
(§2757.) See also §110. 

Receipt over the telephone of notice of a special meeting is sufficient. 
(159 N. W. (la.) 687.) "The st^itute does not authorize a mailing of notice, 
and, in the absence of any such authority, we ai-e imwilling to hold that an 
attempt to give notice by mail, which does not reach the member to be noti- 
fied, is sufficient." 157 Iowa 181.) 
Sec. 48. Place of Meeting. 

" * * * Such meetings shall be held at any place within the civil 
towaiship within which the corporation is situated. * * * " (§2757.) 
Sec. 49. Quorum — Vacancies. 

"A majority of the Boai"d of Directors shall constitute a quorum for the 
transaction of business, * * * " (§2771.) 
Sec. 50. Powers and Duties. 

In §§98 to 116, inclusive, are enumerated many of the important mat- 
ters that will engage the attention of the board, and the reader is referred 
to these for the law thereon: 

1. Settlement with the Secretary and Treasurer. (§107.) 

2. Oath Required of Members of the Board. (§107.) 

3. Approval of Bonds of Secretary and Treasurer. (§113.) 

4. Period Schools Must Be in Session. (§114.) 

5. Rules and Regulations for School Government. (§§116 and 192.) 

6. Repairs — Use of Barb Wire Prohibited. (§117.) 

7. Teachers' Wages. (§§119 and 198.) 

8. Number of Schools to Be Taught. (§120.) 

9. Vacations — Holidays — Intermissions. (§116.) 

10. Employment of Teachers. (§121.) 

11. Books for Indigent Children. (§122.) 

12. Scope of Subdirector's Authority. (§121.) 

l6. Tuition of Pupils in High School. (§§124 and 210.) 

14. Provides for Visitation of Schools. (§125.) 

15. Taxation. (§§126 and 218 to 230, inclusive.) 

16. Compulsory Attendance Law. (§211.) 

OTHER POWERS AND DUTIES, 
Sec. 51. Contracts — Election of Teachers. 

"The board * * * shall elect all teachers and make all contracts 
necessary or proper for exercising the powers grante<l and performing the 
duties re<iuired by law. But the board may authorize any subdirector to 
employ teachers for the schools in his subdistrict." The board may not em- 
ploy teachers for a longer peiiod than the school year (107 Iowa, 29) (the 
year ends on June 30), except that the Board of Directors of each independ- 

18 



ent school district of any city, town, village, and of each consolidated school 
district shall have the power to employ a superintendent of schools for the 
term not to exceed three years; provided, however, that no such contract be 
made until the superintendent has served at least one year in the position 
to which it is proposed to elect him for the longer period. (§2778.) 

See also §§78 and 99. 
Sec. 52. Rules and Regulations — Use of Tobacco by Pupils Prohibited. 

The board is given power to make rules and regulations for its own 
government and that of the directors, officers, teachers and pupils, and 
the care of the schoolhouse, grounds and property of the corporation, and 
in the enforcement of the same. (§2772.) Such rules and regulations, 
however, must be reasonable. In 56 Iowa 476, the Supreme Court of Iowa 
said: 

"The State does not deprive citizens of their property or their liberty, 
or of any rights, except as a punishment for a crime. It would be very 
harsh and obviously unjust to deprive a child of education for the reason 
that, through accident and vrithout intention of wrong, he destroyed prop- 
erty of the school district. Doubtless a child can be expelled from school 
as a punishment for breach of discipline, or for offense against good morals, 
but not for innocent acts. In this case the plaintiff was expelled, not be- 
cause he broke the glass, but because he did not pay the damage sustained 
by the breaking. The rvile reqviiring him to make payment is not intended 
to secure good order, but to enforce an obligation to pay a sum of money. 
We are clearly of the opinion that the directors have no authority to pro- 
mulgate or enforce such a rule." The board shall prohibit the use of to- 
bacco by all pupils, and may suspend or expel for violation of this rule. 
(§2772.). See further, §192. 

Sec. 33. Discharge of Teacher — Expulsion of Pupil. 

§§166, 180, 193. 
Sec. 54. Appeals. 

See §41 for the law in full concerning appeals. 
Sec. 55. Allowance of Claims. 

"It shall audit and allow all just claims against the corporation, and 
no order shall be drawn upon the treasury imtil the claim therefor has been 
audited and allowed. * * * " (§2780.) 
Sec. 56. Changing Boundaries and Uniting and Subdividing Corporation. 

See §§10 to 18, inclusive. 
Sec. 57. Submitting Propositions to the Electors, arid Carrying Into Effect 
Instruction of Voters. 

See §§129 and 137. "The board shall carry into effect any instruction 
from the annual meeting upon matters within the control of the voters. 
* * * " (§2778) 

Sec. 58. Fix Salary of Officers. 

No school director may receive a salary for official services rendered. 
The secretary may receive a salary, but not so the treasurer. (§2780.) 
Sec. 59. Employing Counsel. 

" * * * In all cases where actions may be instituted by or against 
any school officer to enforce any provision of law, the board may employ 
counsel, for which the school corporation shall be liable." (§2759.) 
Sec. 60. Taxation and Indebtedness. 

See §§218 to 230, inclusive. 

See also §127. 
Sec. 61. Erection or Repair of Schoolhouse. 

"It shall not erect a schoolhouse without first consulting with the Coun- 
ty Superintendent as to the most approved plan for such building, and secur- 

19 



ing his approval of the plan submitted, nor shall any schoolhouse be erected 
or repaired at a cost exceeding three hundred dollars, save under an express 
contract retluced in writing, and upon proposals therefor, invited by adver- 
tisement for foiu' weeks in some newspai>er published in the county in 
Avhich the work is to be done, and the contract shall be let to the lowest re- 
sponsible bidder, bonds A\ith sureties for the faithful performance of the 
contract being i-equired, but the board may I'eject any and all bids and ald- 
vertise for new ones." (§2779.) 

Sec. 62. Locates Schoolhouse Site and Determines Where Pupil Shall 
Attend. 
"It may fix the site for each schoolhouse, taking into consideration the 
geographical jiosition, number and convenience of the scholars, provide for 
the fencing of schoolhouse sites, detei-mine the niunber of schools to be 
taught, divide the corporation into such wai-ds or other divisions for school 
purposes as may be proper, detei-mine the pai'ticular school which each child 
shall attend. * * * " (§2773.) 

For the method of condemnation of property desired for a schoolhouse 
site see S. F. 63, 37th G. A., Amending Section 2814, and Section 2815 of 
Code Supp. 1913, and 166 Iowa 744. 
Sec. 63. Higher or Union Schools. 

"It shall have power to maintain in each district one or more schools of 
a higher order, for the better instruction of all in the district prepared to 
pursue such a course of study, and it may est^tblish graded or imion schools, 
and determine what branches sliall be taught thei-ein, but the course of study 
shall be subject to the approval of the Superintendent of Public Instruction; 
and it may select a person who shall have general supervision of the schools 
in any district subject to the control of the board." (§2776.) 

This section gives any school corporation the power to maintain a high 
school. Should rural districts wish to maintain a central or consolidated 
school the best way would bfe to form a consolidated district under §2794-A. 
See §19 above. 
Sec. 64. Renting Room — Transportation of Pupils. 

"It may, when necessai-y, I'ent a room and emjiloy a teachei", where there 
are ten cliildren for whose accommodation there is no schoolhouse; and, 
when the board is I'eleased fi-om its obligation to maintain a school, or 
when childi-en live at an unreasonable distance from their own school, the 
boai'd may conti-act ^\ith boai'ds of other school to^^^lships or independent 
disti'icts foi" the instruction of childi'en thus depi"ive<l of school advantages, 
in any school thei-ein, and the cost thei-eof shall be paid from the general 
fund. And when there will be a saving of expense, and children will also 
thereby secure inci"ease<l advantages, it may ai'range with any person outside 
the boai-d for the transportation of any child to and from school in the 
same, oi- in another corporation, and such expenses shall be paid from the 
general fund." (§2774, as Amended by H. F. 56 5, 37th G. A.) 

Consolidated independent districts and school townships maintaining a 
central school must provide transportation to and from school for all pupils 
of the corporation living outside the limits of a city, town or village. 
(§2794-A (c).) For this section in full see §19 above. 
Sec. 65. Appi'oves Bonds of Banks Whei-e School Fimds Deposited. 

All school funds must be deposited in some bank by the treasurer and 
the corporation shall receive thereon at least two per cent on the average 
daily balances. The bank must give a bond which the treasurer and board 
must approve. See §94 for the law in full. 
Sec. 66. Must Maintain Water Closets. 

The board must maintain on schoolhouse sites except in independent 
city or town districts two separate outhouses located as far as may be from 

20 



each other, and located as far as possible from the entrance to the school. 
In cities and towns one closet is sufficient, provided certain conditions are 
met. (§2784.) 
Sec. 67. 3Iust Provide Flags foj- Schools. 

See §200. 
Sec. 68. Entrance and Exit Doors to Schoohooms to Open Outward — When. 

"The entrance and exit doors of all hotels, churches, lodge halls, court- 
houses, assembly halls, theaters, opera houses, colleges and public school- 
houses, and other structures where the hazard is deemed sufficient by the 
Inspector and the entrance doors to all class and assembly rooms in all 
public school buildings shall open outward, and shall not be fastened against 
exit, or so the same cannot be easily opened frOiU within." Supp. Supp. 
1915, Sec. 4999-9a.) Supp. Supp. 1915, Sec. 4999-a 9 a.) 
Sec. 69-a. May Establish "Park Life" School. 

School boards in cities included under special charters and commission 
form having a population of 20,000, or more, may lease or purchase for 
educational purposes a tract of land outside the city for a school garden or 
school farm, and erect buildings thereon, appoint managers, etc. (§2823-u 7.)- 
Sec. 70. Mnj Permit Use of Schoolhouse in Certain CoiiJorations — Re- 
strictions. 

"The Board of Directors of any school corporation may authorize the 
use of any schoolhouse and its gi'oimds within such corporation, and not 
within the limits of a city or to«n for the purpose of meetings of granges, 
lodges, agricultural societies and similar rural secret societies, and for elec- 
tion purposes ; such use to be for such compensation, and upon such terms 
and conditions as may be fixed by said boai'd for the proper protection of , 
the schoolhouse anil the property belonging therein, including that of pupils. 
Any compensation for such use shall be paid into the contingent (general) 
fund, and be expended in the iipkeep and repair of such school property, and 
in purchasing supplies therefor; provided, however, that if at any time the 
voters of such corporation, at any annual meeting, forbid such use of any 
such schoolhouse or groiuids, the board shall not thei-eafter permit such use 
until the said action of such voters shall have been rescinded by the voters 
at an annual meeting, or at a special meeting called for that pui'pose." 
(H. F. 167, 37th G. A.) 
Sec. 71. — Evening Schools Authorized. 

"The School Boai'd of any organized school district within the State is 
hereby authorized and empowered, under the control and supei-vision of the 
City or County Superintendent, to establish and maintain public evening 
schools as a branch of the {)ublic schools when said School Board shall deem 
advisable for the public convenience and welfare, and said evening schools 
shall be available to all persons over 16 years of age, who, from any cause, 
are imable to attend the public day school of such district. 

"Whenever, in any organized school district within the State, there 
shall be residing ten or moi-e persons over 16 years of age, who desire in- 
struction at an evening school in the common branches, it shall be the duty 
of the School Board of such organized school distiict to establish ai^d main- 
tain an evening school for such instruction throughout a period of not less 
than three months of every school year, and foi- not less than two 'lours at 
least two times each week diwing the term of such evening school, which 
school shall be under the control and supervision of the City or County 
Superintendent." (S. F. 368, 37th G. A.) 
Sec. 72. Use of School Building for Public Recreation Grounds. 

The board in districts containing, or contained in, cities of the first or 
second class, special charter, cities, or cities under the commission plan, may 
establish and maintain for children on the school premises, public recrea- 
tion places and playgrounds, and accommodations for same, and to co-op- 

21 



erate with other boards having the management of public parks, buildings 
and grounds, and to levy a tax therefor, provided a majority of the voters 
vote therefor, twenty-five per cent petitioning for such election. (§2823-u, 
2823-u 1.) 
Sec. 73. Trees — Fence. 

The board shall set out and properly protect twelve shade trees on 
each school ground (§2787), and shall maintain a lawful fence between 
the school site and the cultivated or improved land of another. (§2745-A) 
Sec. 74. Purchase of Library Books. 

Library books may be obtained in either of three ways, as outlined be- 
low, but the board must purchase books from the general fund under 
§2823-N each year. 

(From General Fund.) 

Library Fun"(I. "The treasurer of each school township and each rural 
independ<^nt district in this §tate shall withhold annually from the money 
received from the apportionment for the several school districts not less 
than five nor more than fifteen cents, as may be ordered by the board, for 
each person of school age residing in each school corporation, as shown by 
the annual report of the secretary, for the purchase of books as hereinafter 
provided. When so ordered by the Board of Directors, the provisions of 
this section shall apply to any independent district." (§2823-N.) 

Mandatory. It is mandatory upon the treasurer in each school town- 
ship and each rural independent district to withhold from the apportionment 
each year a certain number of cents for each person between the ages of 5 
and 21, for the purchase of library books. The amount withheld, annually, 
for each person, may not exceed fifteen cents, nor be less than five cents. 
The exact amount per pupil is left to the discretion of the board, and may 
vary from one year to another. 

Purchase of Books — Distribution. "Between the third Monday of Sep- 
tember and the first day of December in each year the president and secre- 
tary of the board, with the assistance of the County Superintendent of 
Schools, shall expend all money withheld by the treasurer, as provided in 
Section one (§2823-n) of this Act, in the purchase of books selected from 
the lists prepared by the State Board of Educational Examiners, as herein- 
after provided, for the usie of the school district; in school townships the 
secretary shall distribute the books thus selected to the librarians among the 
several subdistricts, and, at least, semi-annually collect the same and dis- 
tribute others." (§ 2823-0) 

The money withheld by the treasurer cannot be used for any purpose 
except the purchase of books. All expenses, such as freight charges, express, 
postage, exchange, library cases, and record books, should be paid from the 
contingent (general) fund. 

"The Board of Directors shall have supervision of all books, and shall 
make an equitable distribution thereof among the schools of the corpora- 
tion." (§2823-R.) 

"It may provide and pay out of the general fund to insure school prop- 
erty such sum as may be necessary, and may piu-chase dictionaries, library 
books, including books for the purpose of teaching vocal music, maps, charts, 
and apparatus for the use of the schools thereof to an amount not exceeding 
twenty-five dollars in any one year for each schoolroom under its charge. 
* * * " (§2783, as Amended by H. F. 565, 37th G. A.) 

(From the Schoolhouse Fund) 
"The voters at the annual meeting shall have power * * * to>, 
vote a schoolhouse tax not exceeding ten mills in any one year, for * * * 
procuring libraries." (§2749.) See §123. 

22 



CHAPTER V. 

SCHOOL OFFICERS. 

Sec. 75. Non -performance of Duty. Sec. 89. Register of Persons of School 

76. Books and Papers to Successor. Age. 

The President — 90. Other Statutes Affecting the 

77. Election — jQualification — Term. Secretary. 

78. Powers and Duties. The Treasurer — 

The Secretary — 91. Election — Qualification — Term. 

79. Election — Qualification — Term. 92. Duties of Treasurer. 

80. Duties of Secretary. : 93. Payment of Warrants. 

81. Warrants. 94. Deposit of Funds at Interest. 

82. General Duties. 95. Financial Report and Report to 

83. Files Monthly Financial Report County Superintendent, 
in Independent Town and City 96. Settlement. 

Districts. 97. The Director in Independent 

84. Gives Notice of Annual Meet- Districts. 

ing of Electors. 98. The Subdirector. 

85. Notice of Special Meetings of 99. Powers and Duties of Subdi- 
Electors in Corporations of rector. 

5,000 or more. 100. Gives Notice of Subdistrict 

86. Notice of Special Meetings of Meeting. 

Electors in Corporations of 101. Takes the School Census. 

Less Than 5,000. 102. Care of Library. 

87. Notice of Special Meetings of 103. Purchasing Supplies — Repairs. 
Electors in School Townships. 104. Hiring Teachers. 

88. Reports. 105. Compulsory Attendance Law. 

Sec. 75. Nou-Performance of Duty. 

"Any school officer * * * wilfully failing or refusing to perform 
any duty imposed by law, shall forfeit and pay into the treasury of the par- 
ticular school corporation in which the violation occurs the sum of twenty- 
five dollars. * * * " (§2722.) 
Sec. 76. Books and Papers to Successor. 

"Each school officer, upon the termination of his term of office, shall 
inunediately surrender to his successor all books, papers and money pertain- 
ing or belonging to the office, taking a receipt therefor." (§2770.) 

THE PRESIDENT. 
Sec. 77. Election — Qualification — Vacancies. 

The Board of Directors of all independent city, town and village cor- 
porations, school townships maintaining a school, or schools, with high 
school departments, and consolidated independent districts, shall elect a 
president from among their number at the time of their organization on the 
third Monday in March, and those of all other corporations at the time of 
their organization, on the first day of July, unless that day falls on Sunday, 
in which case the day following (§2757.) In case of a vacancy the office 
shall be filled by appointment of the board until the next annual meeting of 
the board. (Code, §1276.) The president must qualify as such before as- 
suming the duties of office. (Cons, of Iowa, §5, Art. 11.) For form of 
oath see §107. No bond is required of him by virtue of the fact that he is 
president. ' , . . \' ' ' '\ 'i^lffli 

Sec. 78. Powers and Duties. 

The president presides at all meetings of the board (§2759), calls spe- 
cial meetings (§2757.) (The secretary may also call a special meeting when 
petitioned by a majority of the board (as to notice see §47), or the board 
itself in session may set a date for a special meeting) (§2757), acts as one 
of the judges of election at the annual meeting of the electors in corpora- 
tions having 5,000 population or less (§§2746, 2756), may administer the 
oath of office to any member-elect of the board (§2758), signs warrants and 
idrafts drawn upon the county treasurer for money apportioned and taxes 
collected and belonging to his school corporation and orders on the school 
treasurer as provided by law, signs contracts made by the board, appears on 



behalf of his corporation in cases brought by or against it, unless individual- 
ly a party, in which case this duty shall be performed by the secretary 
(§2759). 

It is also his duty to sign contracts of teachers (§2778), approve and 
sign contracts made by the subdirector (§2785), and sign school building 
bonds legally authorized by the board, or by the electors (§2812-E.) In 
case of the breach of the bond of the secretary or treasurer (these bonds 
must be filed in his office) brings action thereon in the name of the cor- 
poration (§2760), helps enforce the compulsory attendance law (§2823-F), 
and in school townships is a member of the convention that elects a county 
superintendent. (§1072.) 

He may not receive a salary for official services rendered (§2780) (ex- 
cept that he shall receive from the county ten cents a mile one way for the 
distance necessarily traveled in attending the convention which elects a county 
superintendent) (§1072), and the fact that he is president gives him no more 
power than any other member, except that he approves and signs contracts 
made by subdirectors (§2785), and v/hen the board of a school township 
authorizes a subdirector to hire his own teacher such contract shall be 
binding on the school township only when approved by the president 
(§278 5.) He may vote on all questions coming before the board, and if, by 
such vote, a tie is produced, the motion is lost (§27 57.) 

THE SECRETARY. 

Sec. 79. Election — Qualification — Term. 

At the annual meeting of the board in July a secretary shall be elected 
by ballot for one year (§2 7 57.) If the secretary is absent, a temporary 
secretary may be appointed for the meeting (§2772), and a vacancy may be 
filled by the board (§2771.) In counties having a county high school the 
Board of Trustees elects a secretary from its membership (§2729.) 

A teacher or other employee of the board is ineligible to the office of 
secretary in independent districts, as is also a director in all corporations so 
long as he remains a member of the board (§2 757.) His compensation is 
determined by the board (§2780), and he is given ten days in which to quali- 
fy after his election or appointment. (§27 60.) 

He shall give bond in such penalty as the board may require, but for 
at least $500.00, and take the oath required of civil officers (§2760.) A 
guarantee company may be accepted as surety. (Code, §§360, 1187.) For 
form of oath see §107 below. Failure to give bond is a misdemeanor, and 
he is liable to a fine not exceeding the amount of the bond. (Code, §1197.) 
Sec. 80. Duties of Secretary. 

As the name implies, the secretary is clerk of the Board of Directors, 
attends their meetings, and records their proceedings. 

Sec. 81. Warrants. 

"He shall coiuitei'sign all Avai-i'ants and di'afts upon the coimty treasurer 
drawn or signed by the president; di-aw leach oi-dei- on the treasurer, specify 
the fund on which it is drawn, and the use for which the money is appro- 
priated; countersign and keep a legister of the same, showing tine number, 
date, to whom di-awn, the fund upon which it is draw n, the piu'pose and the 
ainomit; and at each regular annual meeting fui-nish the board with a copy 
of the same." (§27 62.) 
Sec. 82. Cieneral Duties. 

"The secretary shall file and preser\re copies of all reports made to the 
County Superintendent, and all papei's transmitted to him i>ei'taining to the 
business of the corpoi-atitm; ke>?p a complete record of all the proceedings of 
the meeting of the boaid and the votei's of the coi-poi-ation in separate books; 
keei) an accui-ate, sepaiate accoiuit of each fund with the treasurer, charge 
him with all warrants and drafts drawn in his favoi", and credit him with 

24 



all orders drawn on each fund; and he shall keep an accnrate account of all 
expenses inciu'red by the corporation, and present the same to the board for 
audit and payment. At the annual meeting he shall record, in a book pro- 
vided for that purpose, the names of all persons voting thereat, the niunber 
of votes cast for each candidate, and for and against each proposition sub- 
mitted. * * * " (§2761.) 

Sec. 83. Files Monthly Financial Report in Independent Town and City 
Districts. 
"Th,e secretary of each indeiiendent to^^ii or city district shall file 
monthly, on or before the tenth day of each month, with the Board of Di- 
rectors, a complete statement of all receipts and disbiu'sements from the 
various funds diu'ing the preceding month, and also the balance remaining 
on hand in the various funds at the close of the period covered by said state- 
ment; which monthly statements shall be open to public inspection." 
(§2761.) 

Sec. 84. Gives Notice of Annual Meetings of Electors. 

See §129 below. 
Sec. 85. Notice of Special Meetings of Electors in Corporations of Five 
Thousand or More. 

"The secretary of the Board of Directors in any school corjioration 
which is divided into precincts, shall give notice of all special meetings of the 
voters as provided by §2755 of the supijlement to thie Code. Each notice 
shall state the date, place and hours during which the meeting will be in 
session, and the object of the meeting." (§27 63-A.) See §129. 
Sec. 86. Notice of Special Meetings of Electors in Independent Corporations 
of Less Than Five Thousand. 

"The secretary of the Board of Directors for any school corporation, lo- 
cated wholly within, or partly within, the corporate limits of cities of the 
first class, cities of the second class, or incorporated towns which may not 
have adopted the provisions of section tWenty-seven hundred fifty-five 
(2755) of the supplement to the Code, and divided into precincts, shall give 
notice of special meeting of the voters in the same manner as for the annual 
meeting, by posting at least five notices in five public places within said 
corporation, for not less than ten days next preceding the day of special 
meeting. Each notice shall state the date, place and hours diu'ing which 
the meeting will be in session, and the object of the meeting." (§2763-B.) 
See §129. 
Sec. 87. Notice of Special Meetings of Electors in School Townships. 

"The secretary of the Board of Directors for any school townaship, or 
for any school coi'poration not included in the preceding sections, shall give 
ten days' printed or wxitten notice of special meeting to the voters, posted 
in at least five public places witliin the corporation. They shall be posted 
at the door of each schoolhouse, and also at or near the last place of meet- 
ing, and each notice shall state the date, place and houi's of meeting." 
(§2763-c.) 
Sec. 88. Reports. 

"He shall notify the Coimty Superintendent when each school is to 
begin, and its length of term, and within five days after the regular July 
meeting in each year, file with the County Suijerinterident a report which 
shall give the number of jiersons in the corporation, male and female, of 
school age, the number of schools and branches taught, the numbers of 
scholars enrolled, and an average attendance in each school, the niunber of 
teachers employed, and the average compensation paid per month, distin- 
guishing the sexes, the length of school- in days, and the average cost of 
tuition per month for each scholar, the textbooks used, niunber of volumes 
in library, the value of apparatus belonging to the corjioration, the number 
of schoolliouses and their estimated values, the name, age and postof f ice 

25 



address of each deaf and dumb or blind person in the corporation between 
the ages of five and twenty-one years, and this shall include those who are 
so blind or deaf as to be unable to obtain an education in the common 
schools, a like report as to all feeble-minded children of and between such 
ages, and the niunber of trees set out and in thrifty condition on each school 
groimd/' (§2765.) 

At the close of the school year the secretary in consolidated independ- 
ent districts shall make to the State Superintendent such report as he may 
require. (§2794-e.) 
Sec. 89. Register of Persons of School Age. 

"He shall, between the first day of Jiuie and the first day of July of 
each year, enter in a book made for the purpose, the name, sex, and age 
of every person between five arid twenty-one residing in the corjwration, 
together with the name of the parent or guardian." (§2764.) 

The above enumeration should include only those of school age resid- 
ing in the corporation on June 1. 

Whom to Include in the Eniuneration. Every person between five and 
twenty-one should be enumerated where he resides. A child in one of the 
charitable or reformatory institutions temporarily, and whose parents or 
guardian reside in another part of the State, or in another school district, 
Is a resident of the district in which his parents reside, and should be enum- 
erated there. 
Sec. 90. Other Statutes Affecting the Secretary are as follows: 

Contracts with the teacher must be filed with the secretary before the 
teacher begins to teach (§2778). In appeal cases from the decision of the 
board he files a transcript with the County Superintendent within ten days 
after that officer has notified him that an appeal has been taken (§2819.) 
When the board of a school township changes the boundaries of a subdis- 
trict, as they may do under §2801 (see §9), the secretary shall designate 
the changes on a plat of the school township, and shall record a written de- 
scription thereof in the records of the school township, copies of which he 
shall deliver to the county auditor and county treasurer (§2801.) He shall 
appear for the corporation in all actions brought by or against it when the 
president i?» individually a party (§2759.) He records the numbers of per- 
sons of school age (§278 5), acts as one of the judges of election at the an- 
nual meeting in corporations of less than 5,000 (§2746), countersigns school 
funding bonds (§2812-e), gives notice of the election of directors when rural 
independent districts are united into a school township (§2800), gives no- 
tice of subdistrict meetings when there is no director (§2751), may call a 
board meeting when a majority of the board so request in writing (as to 
notice see §47) (§2757), in rural corporations helps select library books 
(§2823-0), and in school townships distributes library books semi-annually, 
keeps a record of books purchased and distributed by him (§§2823-Q and 
2823-C), certifies taxes to the Board of Supervisors (§2767), and in inde- 
pendent city and town districts has ballots printed. (§2754.) See §133. 

THE TREASURER. 

Sec. 81. Election — Qualification — Term. 

In corporations composed in whole or in part of cities or towns a treas- 
urer shall be chosen at the same time and in the same manner that directors 
are chosen; that is, by ballot on the second Monday in March (§2754.) The 
boards of all other corporations shall elect a treasurer by ballot' at their an- 
nual meeting in July (§2757.) A vacancy shall be filled by the board 
(§2771.) The treasurer may not be a board member (§2757), and by a 
recent statute may not be paid a salary for his services (§2870.) The term 
of office of the treasurer for city and town corporations is two years (§2754.) 
All treasurers shall give bond in such penalty as the board may require, 

26 



but for at least $500.00, and take the oath required by civil officers (§2760.) 
Failure to give bond is a misdemeanor, and he shall also be liable to a fine 
not exceeding the amount of the bond required (Code, §1197.) A guaran- 
tee company may be accepted as surety (Code, §§360, 1187.) He is given 
ten days in which to qualify after his election or appointment (§2780.) For 
form of oath see §107, 
Sec. 92. Duties of Treasurer. 

The treasurer has charge of all money belonging to the corporation and 
disburses it when authorized to do so. The county treasurer shall pay over 
quarterly to him the amount of school funds on hand belonging to the cor- 
poration (§§2808, 2810.) No order shall be drawn upon the treasurer until 
the claim therefor shall be audited and allowed by the board (§2780.) He 
shall keep a record of school funding bonds sold. (§2812-f.) 
Sec. 93. Payment of Warrants. 

"The treasurer shall receive all moneys belonging to the corporation, 
pay the same out only upon the order of the president, countersigned by the 
secretary, keeping an accurate account of all receipts and expenditures in a 
book provided for that purpose. He shall register all orders drawn and re- 
ported to him by the secretary, showing the number, date, to whom drawn, 
the fund upon which drawn, the pm-pose, and amount. The money collected 
by tax voted, or the proceeds of the sale of bonds valid for the purpose of 
building schoolhouses, shall be calleki the schoolhouse fund, and all other 
moneys received for any other pmpose shall be caUed the general fund; and 
he shall keep a separate account with each fund, paying no order that fails 
to state the fund upon which it is drawn, and the specific use to which it is 
to be applied. Whenever an order cannot be paid in full out of the fund 
upon which it is drawn, partial payment may be made. All school orders 
shall draw lawful interest after being presented to the treasurer and by him 
endorsed as not paid for want of funds." (§2768 as amended by H. F 565 
37th G. A.) 
Sec. 94. Deposit of Funds at Interest— Bond Required of Bank. 

"It is hereby made the duty of the treasurer of each school corporation 
to deposit all funds in his hands as such treasurer in some bank, or banks, 
in the State, at interest at the rate of at least two per cent per annum on 
ninety per cent of the daily balances payable at the end of each month, all 
of which shall accrue to the benefit of the general fund of such school cor- 
poration; but, before such deposit is made, such bank shall file a bond, with 
sureties, to be approved by the treasurer and the Board of Directors of such 
corporation, in double the amoiuit deposited, conditioned to hold the school 
corporation harmless from all loss by reason of such deposit or deposits; pro- 
vided, that in cases where an approved surety company's bon!d is furnished, 
said bond may be accepted in an amoiuit equal to ten (10) per cent more 
than the amount deposited. Said bond shall be filed with the president of 
the School Board, and action may be brought thereon either by the treasurer 
or the school corporation as the board may elect." (§2768, as amended by 
H. F. 565, 37th G. A.) 
Sec. 95. Financial Statement and Report to County Superintendent. 

"He shall render a statement of the finances of the corporation when- 
ever required by the board, and his books shall always be open for inspec- 
tion. He shall make an annual report to the board at its regular July meet- 
ing, which shall show the amount of the general fund, and the schoolhouse 
fund held over, received, paid out, and on hand, the several funds to be sep- 
arately stated, and he shall immediately file a copy of this report with the 
County Superintendent." (§2769, as amended by H. F. 565, 37th G. A.) 
Sec. 96. Settlement. 

The interest and protection of the taxpayers require that a full and 
complete settlehient should be made at least once each year, and that the 

27 



settlement at the July meeting requires that the funds and property shall be 
produced and fully accounted for, and that these facts should be indorsed 
upon the new bond of the treasurer, if he is re-elected. (Note 1 under 
§2769.) 

"Where the ti'easiu'er, %vho is about to succeed himself in office, makes 
a settlement with the board, as by statute provided, producing in some tan- 
gible form the money which he should have on hand, the sureties on his 
new bond are conclusively boimd thereby; and they will be estopped from 
pleading oi- pi-oving that the fluids so exhibited were borrowed, or otherwise 
tenipoi-ai'ily or fi-audulently procured, and nevei-, in fact, went into the pub- 
lic treasuiy. liut, whei'e the money is not producetl in any form, and the 
board, charged by law with making the settlement, accepts a mere book ac- 
coimt oi' personal statement of the treasurer that he has the funds in his 
possession, then the liability on the bond is prima facie only; and the sure- 
ties will be relieved if it be fairly established that the shortage originated 
during a prior term. (155 Iowa 275.) 
Sec. 97. The Director in Independent Disti'icts. 

The qualifications and method of election of directors in independent 
districts are given in §§128 to 146 below, to which the reader is referred. 
Suffice it to say that the powers of a director of an independent district are 
exercised as a member of the board and acting as such at a meeting thereof. 
As to number, see §116-A. 
Sec. 98. The Subdirector. 

Most of the powers of a subdirector are given in the chapter, "The Sub- 
district Meeting." §147. For the topic, "Time of Election," see §147; fpr 
"Term of Office," see §155; for "When to Qualify," see §157; for Methpd 
of Election," see §152; for "Vacancies^ — ^How Created," see §158; for 
"Vacancies — How Filled," see §159. As to number, see §132. 
Sec. 99. Powers and Duties of Subdii'ector. 

Most of the powers of a subdirector are exercised as a member of the 
board, and acting as such at a meeting of the board. See §43 and following 
sections. There are a few duties which are required of the subdirector as 
such, .as follows: . . 

Contracts. 

"The Boai'd of Dii-ectors of a school township may authorize the director 
of each subdistrict, subject to its i-egidations, to nnvke contracts for the pm'- 
chase of fuel, the repairing or furnishing of schoolhouses, and all other mat- 
ters necessary for the convenience and prosperity of the schools in his sub- 
district. Such contracts shall be binding upon the school township only 
when approved by the president of the boai-d, and must be repoi'ted to the 
board. * * * The powers specified in this section cannot be exer- 
cised by individual directors of independent districts." (§2785.) 
Sec. 100. Gives Notice of Subdistrict Meeting, .,. , 

See §148 under the "Subdistrict Meeting." 
Sec. 101. Takes the School Census. 

"Each director shall, between the first and fifteenth days of Jime, in 
each year, prepare a list of the heads of families in his subdistrict, the niun- 
ber and sex of all children of school age, and by the twentieth day of said 
month report this list to the secretary of the school tov^^lship, who shall 
make full lecord thereof. The powers specified in this section cannot be ex- 
ercised by individual directors of independent districts." (§2785.) See also 
§89 and §211. • • ' ■ ' -• 

Sec. 102. Care of Library. 

"Unless the Board of Dii-ectors shall elect some other person, the sec- 
retary in independent districts and director in subdistricts in school town- 
ships shall act as librarian, and shall receive and have the care and custody 

28 



of the books, and shall loan them to teachers, pupils, and other residents of 
the district, in accordance with the rules and regulations prescribed by the 
State Board of Educational Examiners and Board of Directors. Each librar- 
ian shall keep a complete record of the books in a record book furnished by 
the Board of Directors. Duiing the periods that the school is in session the 
library shall be placed in the schoolhouse, and the teacher shall be responsi- 
ble to the district for its proper care and protection. The Board of Directors 
shall have supervision of all books and shall make an equitable distribution 
thereof among the schools of the corporation." (§2823-R.) 
Sec. 103. Purchasing Supplies — KeiJairs. 

See §121 below. 
Sec. 104. Hiring Teachers. 

See §§121 and 51. 
Sec. 105. CJompulsory Attendance Xaw. 

It is his duty to help enforce the compulsory attendance law. See 



"3«ii[lL 



J_,>l. 



CHAPTER VI. 

ANNUAL MEETING OF THE SCHOOL BOARD AND ORGANIZATION OF 
THE BOARD IN ALL SCHOOL CORPORATIONS. 

Sec. 118. Supplies. 

119. Determine Wages to Be Paid. 

120. Determine Number of Schools 
to Be Taught. 

121. Employ Teachers and Instruct 
Subdirector in Regard to Scope 
of His Authority. 

122. Purchasing Books for Indi- 
gent Children. 

123. Library B'ooks — Purchase. 

124. Provide for Tuition jof Pupils 
in High School. 

125. Provide for Visitation of 
Schools. 

126. Estimate Taxes Needed in Va- 
rious Funds. 

127. Number of Directors in Inde- 
pendent Districts. 



Sec. 106. Time. 

107. The Old Board. 

108. Settlement With Treasurer. 

109. The New Board. 

110. Organization of New Board. 

111. Quorum. 

112. Order of Business. 

113. Approval of Bonds of Secre- 
tary and Treasurer. 

114. Designate Period Schools Shall 
Be in Session. 

115. Fix Date for O'pening Schools. 

116. Vacations — Holidays — Intermis- 

sions — Rules and Regulations. 

117. Repairs on School Buildings 

and Grounds. 



Sec. 106. Time. 

The annual meeting of the directors in all school corporations shall be 
held on the first day of July, unless that day falls on a Sunday, in which 
case it shall be held on the day following. On this day the boards of all 
school corporations except those of cities, towns and villages, school town- 
ships maintaining school, or schools, with high school departments, and con- 
solidated independent districts, shall organize. All other boards shall or- 
ganize on the third Monday in March. (§2757.) 
Sec. 107. The Old Board. 

On July 1st, then, except as noted above, the board meets in all cor- 
porations and closes up the business for the year. Since the new boards in 
all rural corporations organize on this date, the old board should meet and 
transact the business before them sufficiently early to enable them to ad- 
journ in time for the new board to organize and transact the business that 
may come before it. 

The following Order of Business is recommended to be followed by the 
old board: (1) call to order by president, (2) roll call, (3) reading of min- 
minutes of previous meeting, (4) unpaid bills, (5) examination of books and 
settlement with secretary and treasurer, (6) unfinished business, (7) admin- 



29 



istration of oath of office to directors-elect, (8) deliver school laws to suc- 
cessor, (9) adjourn. 

The form of the oath is as follows: "I, , do solemnly 

swear (or affirm) that I will support the constitution of the United States, 
and the constitution of the State of Iowa, and that I will faithfully and im- 
partially, to the best of my ability, discharge all the duties of the office of 
(president or director, as the case may be,) in (naming the school corpora- 
tion) as now or hereafter required by law." (Code, §1180.) 

The above oath can be administered by any member of the board 
(§2758), but cannot be administered by the secretary unless he is a notary 
public or justice of the peace, or other officer empowered to administer oaths. 
The oath must be administered to each member-elect and to the president- 
elect, before they assume the duties of office. A director may not adminis- 
ter the oath to the secretary or treasure. (Code, §393.) This oath should 
also be written out, and the person taking the oath must sign it. (Code, 
§1180.) 
Sec. 108. Settlement With Treasurer. 

The old board should transact such business as may properly come be- 
fore it, such as allowing unpaid bills authorized by it, but the one great duty 
of boards of all corporations will be the settlement with the secretary and 
the treasurer to determine the financial condition, and to see that the records 
of these officers correctly report the business of the corporation during the 
year. Unless great care is exercised the district may suffer loss thereby. 

In making such settlement the following should be observed: 

Balances. That the balances at the beginning of the year just closed 
are the same as those on hand when you settled with the treasurer last year. 

Orders on County Treasurer. That the school treasurer has charged 
himself with all orders on the county treasurer turned over to him. 

Miscellaneous Receipts — Tuition. That he has charged himself with all 
other receipts paid to the corporation, including tuition. 

Paid Teachers. Note that the amount paid teachers, male and female, 
is correctly reported. 

Miscellaneous Disbursements. See that the other expenditures, includ- 
ing the amount paid for library books, are correctly reported. Make the 
item "Paid for other purposes" in each fund as small as possible by specify- 
ing all of the other disbursements under the proper title. 

School Building Bond Fiuid. All money collected to pay on school 
building bonds should be charged to the school building bond fund, and not to 
the schoolhouse fund. Also, all amounts paid on school building bonds 
should be credited to the school building bond fund and not to the school- 
house fund. 

Indebtedness. Observe that the total indebtedness on June 30 is cor- 
rectly reported to the County Superintendent on the blank furnished the 
treasurer through that officer. 

Inventory. Make an inventory of the schoolhouses and apparatus, and 
see that the same is correctly reported to the County Superintendent by the 
secretary. 

Agreement of Reports. The records of the secretary, and those of the 
treasurer should agree as to each fund, the amounts received from each 
source and the amounts expended for each purpose. Note particularly that 
the reports of these officers agree with respect to library books and tuition. 

Sec. 109. The New Boai-d. 

The new board (except in city, town and village independent corpora- 
tions, and in school townships maintaining school or schools with high scliool 
departments, and consolidated independent districts) must organize on July 
1st, or on the day following if the first falls on a Sunday. (§2757.) 

30 



Sec. 110. Organization of New Boards. 

The retiring board of eacli rural independent district, and school town- 
ship not maintaining a high school department, having completed its labors 
and adjourned, the directors-elect for these corporations will organize for the 
year just beginning. The organization is effected by the election of a presi- 
dent from among the members, and a secretary and treasurer from outside 
of the board by ballot (§27 57). The boards of all other school corporations 
having organized on the third Monday in March, will not elect a president 
at this time, but will elect a secretary for each of such corporations. In in- 
dependent village corporations, the board will elect a treasurer also (§2757.) 
Treasurers for cities and towns are chosen by the electors in March (§2754.) 
If a consolidated district includes a city or town, a treasurer is elected by the 
voters thereof (§2754.) 

Sec, 111. Qvioriim. 

"A majority of the Board of Directors shall constitute a quorum 

* * * " (§2771.) 
Sec. 112. Order of Business. 

The following order of business is recommended to be followed by the 
new board: (1) call to order, (2) election of president (except as noted in 
§110 above), (3) election of secretary, (4) election of treasurer, (5) ap- 
proval of bonds of secretary and treasurer, (6) fixing period each school 
shall be in session, (7) fixing date for opening schools, (8) determining 
rules and regulations for school government, (9) repairs, (10) supplies, 
(11) arrange to enforce the compulsory attendance law, (12) determine 
wages to be paid, (13) employment of teachers, (14) determine number of 
schools to be taught, (15) fix amount to be expended for library books, 
(16) provide for tuition of pupils in high school, (17) estimate amount of 
taxes necessary for the coming year, (18) new and unfinished business, 
(19) new buildings — heating and ventilation of buildings, (20) adjourn- 
ment. 

"An adjournment is an act, not a declaration. It is an act of separa- 
tion and departure, and, until this takes place, the adjournment is not com- 
plete." (173 Iowa 610.) 

The most important duty devolving upon the new boards at the July 
meeting is to plan for the schools of their respective corporations for the 
coming year. Specifically among these important matters are the following: 
Sec. 113. Approval of Bonds of Secretary and Treasurer. 

The secretary and the treasurer shall each give bond in such amounts 
as the board shall determine, but for at least $500.00 (§2760.) Both have 
ten days in which to qualify. The oath is the same as required of directors 
(see §99), but he must subscribe to the oath on the back of the bond, or 
on a paper attached thereto, to be certified by the officer administering it. 
(Code, §1181.) Failure to give bond is a misdemeanor, and a $500.00 fine 
is also provided. (Code, §1197.) 
Sec. 114. Designate the Period Each School Shall Be in Session Beyond the 

Time (24 Weeks) Required by Law. 
Sec. 115. Fix the Date for Opening Schools. 

Sec. 116. Arrange in Regard to Vacations, Holidays, Intermissions, Rules 
and Regulations. 

See this topic under §§52 and 167. 
Sec. 117. Repairs, Eetc, on School Buildings and Grounds. 

No school yard shall be fenced with barb wire. (§2817.) 

Sec. 118. Supplies. 

Our State Superintendent says that "Every school should be equipped 
with a New International Dictionary, also several small school dictionaries, 
a suitable set of maps, a globe, erasers, chalk, covered water jar, broom 

31 



and dustpan, slate blackboai'd and siipplementai-y readers for the first 
three grades at least, and all if possible." See §121. 
Sec. 119. Detei-niine the Wages to Be Paid. 

The minimum wage law, enacted by the 3 5th General Assembly 
(§2778-B), makes it compulsory to pay at least this minimum wage. See 
§187. 

If the boards see fit, they may pay more in one school than in another 
for the same grade of certificate. If a school is extra large, difficult to 
teach, or if, for any reason, it is difficult to get a teacher, it may be desirable 
that a bonus be offered to teachers for these schools. 
Sec. 120. Determine Number of Schools to Be Taught. 

Section 2773 says that the board shall determine the number of schools 
that shall be taught. 

Non-User. "In the case of non-nser for school pninioses for two years 
continuously of any real estate acquired for a schoolhouse site it shall re- 
vert, with imiu'ovements thei'eon, to the owner of the tract from which it 
was taken, upon repayment of the purchase price, >\ithout interest, to- 
gether with the value of the improvements, to be determined by arbitration, 
but, during its use, the owiier of the right of i-eversion shall have no inter- 
est in, or control over, the premises." (§2816.) This applies, though the 
County Superintendent consents that such school be closed. (173 Iowa 43.) 

Sec. 121. Employ Teachei's and Instruct Subdirector in Regard to Scope of 
His Authority. 

Shall the subdirector in school townships be permitted to hire his own 
teacher? The board may delegate this power to each director if it sees fit 
to do so. See §51. (§2778.) What supplies may each director purchase? 
Superintendents may be employed for three years. See §48. 

"The Board of Dii'ectors of a school to\^^lship may authoi-ize the direc- 
tor of each subdistrict, subject to its I'egulations, to make contracts for the 
jjurchase of fuel, the repairing oi' furnishing of schoolhouses, and all other 
matters necessary for the convenience and prosperity of the schools in his 
subdistrict. Such contracts shall be binding upon the school township only 
when approved by the president of the board." (§2 778.) 

Sec. 122. Purchasing Books for Indigent Children. 

"The boai'd may furnish schoolbooks to indigent children when they 
are likely to be deprived of the proper benefits of school unless so aided." 

(§2783, as amended by H. F. 565.) 

Sec. 123. Ubrai-y Books — Purchase. 

See §74. 

Sec. 124. Provide for Tuition of Pupils in High School. 

For the provisions of this law see §210 below. 
Sec. 125. Provide for Visit^ition of Schools. 

The board shall provide for visiting the schools of the district by one 
or more of its members, and aid in the government thereof. (§2782.) 
Sec. 126. Estimate the Taxes Needed in the Various Fimds. 

For the maximum amount that may be estimated by the board for the 
general fund see §217 below. The schoolhouse fund is voted by the electors 
at the annual meeting in March, or at a special meeting called for that pur- 
pose. See §§136, 138 and 227 below. 
Sec. .127. Number of Directors in Independent Districts. 

All districts comprising cities of the first class, and those under spe- 
cial charter, have seven directors. In all other city, town or village and 
consolidated districts the board consists of five members. Rural independ- 
ent districts elect three directors. (§§2754, 2795.) 

32 



CHAPTER Vn. 

MEETINGS OF ELECTORS — THE ANNUAL AND SPECIAL MEETINGS. 

Sec. 128. Date. 138. Election by Ballot — Form of 

129. Notice — By Whom Posted. Proposition. 

130. Beginning, Duration and Clos- Sec. 139. Who May Vote and Qualifica- 
ing the Meeting. tion of Electors. 

131. Organization of Meeting. 140. Registration. 

132. Election of Director — Vacan- 141. Who May Be Director, and 
cies. Term of Office. 

133. Names of Candidates Filed, 142. Vacancies in Office of Director 
When. in Independent Districts. 

134. Form of Petition to Nominate. 143. Poll Books. 

135. Election of Treasurer. 144. Organization of Boards. 

136. Powers of Electors. 145. Financial Statement. 

137. TVhen Proposition Must Be 146. Special Meetings of Electors, 
Submitted. Notice. 

Sec. 128. Date. 

An. annual meeting of the voters of each school corporation shall be 
held on the second Monday in March (§2746.) For special meetings see 
§146. 

Sec. 129. Notice— By Whom Posted. 

It is mandatory upon the secretary to post notices for the annual meet- 
ing in at least five public places in the corporation not less than ten days 
before the date of the meeting (§2746.) In computing such ten days the 
first day is excluded and the last day is included, so a notice posted on 
March 18 of an election, called for March 28, is sufficient. (152 N. W. 
(la.) 623.) It is not necessary that the notices posted remain legible dur- 
ing the entire period for which they are posted. "Of course, the officers 
must exercise some care in the matter, but they are not held to insure the 
continued legibility of the notices as posted." (160 N. W. (la.) 291.) For 
corporations of 6,000, or more, inhabitants a ten days' notice shall be posted 
in each precinct, and published in a newspaper once each week for two 
consecutive weeks, "such notice to state the time, respective voting precincts, 
and the polling place in each precinct, and also to specify what questions 
authorized by law, in addition to the election of director, or directors, shall 
be voteid upon and determined by the voters of the several precincts." 
Whether or not a city of 6,000, or over, is divided into voting precincts rests 
in the discretion of th" board. (§2755, .-'S amended by H. F. 405, 37th G. 
A.) See also Nos. 8, 11 and 12, under §136 below. As to notice of special 
meetings, see §146. 

It is of the greatest importance that notice be given as indicated in 
paragraph above, and as required by §§274 6 and 27 55, since the Supreme 
Court has held that none of the powers enumerated in §2749 (this section 
states what the powers of the electors at the annual meeting are) (§lo2 be- 
low), may be exercised by the voters unless proper notice has been given 
(118 Iowa, 207.) The secretary may not give notice that any proposition will 
be submitted at the annual meeting unless directed to do so by the Board 
of Directors. (133 Iowa, 120.) Unless petitioned, it is discretionary with 
the Board of Directors whether a proposition will be submitted. (2749.) 
Sec. 130. Beginning, Duration and Closing the Meeting. 

In school corporations of five thousand, or more, inhabitants the polls 
shall open at 9:00 a. m. (§27 56.) In all other corporations the polls shall 
open at 1:00 p. m. (§2754.) 

In school corporations having five thousand or more inhabitants the 
polls shall remain open from 9:00 a. m. to 7:00 p. m. (§2756.) In inde- 
pendent city or town districts not included in above class they shall remain 
open at least five hours (§27 54.) In rural independent districts and school 
townships they shall remain open at least two hours (§2754.) 

33 



The proceedings taken will not be invalidated, however, because the 
polls are kept open a longer time than is required. (172 Iowa 340.) 
Sec. 131. Organization of Meetings. 

The president and secretary of the board, with one of the directors, 
shall act as judge of election in corporations of less than five thousand 
population (§2746.) In the absence of any of these officers, the electors 
present shall fill the vacancy from their number (§274 6.) For corporations 
of five thousand, or more, the board shall select three voters of the precinct, 
one of whom shall act as clerk, who shall be sworn, as provided in case of a 
general election. Such judges may or may not be members of the board, as 
the board may determine, provided that not more than one member of the 
board shall act as judge at any one voting precinct. (§2756.) But "irregu- 
larities in the selection of election judges will be disregarded unless preju- 
dice is shown." (172 Iowa 340.) 
Sec. 132. Election of Directors — Vacancies. 

In all independent school corporations directors shall be chosen at the 
annual meeting on the second Monday in March, by ballot (§2746.) If a 
vacancy exists, or if one has been filled by the board prior to this meeting, 
the electors, in addition to choosing a director for the regular term, should 
also elect a person to fill the vacancy (2771.) The ballot should designate 
whether the person is a candidate for the full term, or to fill the vacancy 
(§2746.) School townships having an even number of subdistricts elect a 
director-at-large at the annual meeting. Those not divided into subdis- 
tricts elect three directors at the annual meeting (§2752.) As to number 
of directors see §127. 

Sec. 133. Names of Candidates for Du*ector and Treasurer Filed in Inde- 
pendent City and Town Districts. 

" * * * The names of all persons nominated as candidates for of- 
fice in all independent city or town districts shall be filed with the secre- 
tary of the School Boai-d not later than seven days previous to the day on 
which the annual school election is to be held, each candidate to be nomi- 
nated by IX petition signed by not less than ten qualified electors of the dis- 
trict. The secretary of the School Board shall cause to be printed ballots 
upon which shall appear in alphabetical order the names of all candidates 
for each office, filed as herein provided, and a blank line for each such officer 
to be elected, and there shall be at the left of each name and each blank line a 
square, arid there shall also be a direction to the voter as to the niunber of 
candidates to be voted for at said school election. Ballots shall be printed 
upon plain, substantial paper of uniform quality, and shall have no party 
designation or nxark whatever. The secretary of the board shall cause to be 
delivered at the several polling places a sufficient number of ballots. In all 
other respects the said school election in independnt city or town districts 
shall be conducted under the general election laws of the state of Iowa so 
far as same may be applicable." (§2754.) 

Sec. 134. Foi-m of Petition to Nominate Candidates in Town and City Dis- 
tricts. 

See §133. 

NOMINATIO'N PAPERS FOR THE OFFICE OF 

I, the undersigned, a duly qualified elector of the Independent School District 

of , County of , State of 

Iowa, do hereby nominate , a resident of the 

said Independent School District of , County 

of , State of Iowa, as a candidate for the 

office of , to be voted for at the regular 

election held on the second Monday in March, 191 

N'ame. Residence. Date of 

(With street and number, if any.) Signing. 



34 



Sec. 135. Election of Treasiu'er. 

In independent city and town corporations a treasurer shall be chosen 
at the same time, and in the same manner, that directors are chosen; that 
is, by ballot at the annual meeting of the electors. The term of office be- 
gins July 1 following the election and continues two years (§2754.) In 
all other school corporations the treasurer is^ elected by the board at the 
July meeting for the term of one year (§2757.)" 
Sec. 136. Powers of Electors. 

When due notice has been given by the secretary (see §129 and §146), 
the electors have, in addition to electing a director, or directors, and a treas- 
urer in corporations of five thousand or more, when assembled at the annual 
meeting, the following powers: 

1. To direct a change of textboolts regularly adopted. (Except in ru- 
ral districts where there is county uniformity.) 

2. To direct the sale, or make other disposition of any schoolhouse, 
or site, or other property, belonging to the corporation, and the application 
to be made of all the proceeds of such sale. 

3. To determine upon added branches that shall be taught, but in- 
struction in all branches except foreign languages, shall be in English. 

4. To instruct the board that school buildings may or may not be used 
for meetings of public interest. 

5. To direct the transfer of any surplus in the schoolhouse fund to the 
general fund. 

6. To authorize the board to obtain, at>the expense of the corporation, 
roads for proper access to its schoolhouses. 

7. To vote a schoolhouse tax, not exceeding ten mills on the dollar in 
any one year, for the purchase of grounds, construction of schoolhouses, 
the payment of debts contracted for the erection of schoolhouses, not in- 
cluding interest on bonds, procuring libraries for, and opening road to 
schoolhouses. (§2749, as amended by H. F. 565, 37th G. A.) 

8. To authorize the board to issue school building bonds. (§2812-D.) 
If it is desired to issue bonds in a sum in excess of one and one-fourth per 
cent of the actual valuation of the property of the corporation, see §230 
below, 

9. To vote on a proposition for county uniformity of textbooks when 
such proposition is submitted by the County Board of Education. (§2831.) 

10. To vote a judgment tax. (§2811.) 

11. To furnish free textbooks (§2836.) This proposition can be sub- 
mitted only when ten per cent of the qualified voters shall file a petition 
therefor with the secretary thirty days or more before the annual meeting 
of the electors. (§2836, as amended by H. F. 49, 37th G. A.) 

12. To authorize in districts containing or contained in cities of the 
first or second class, cities under special charter, or cities under the commis- 
sion plan of government, the use of school buildings and grounds, etc., for 
recreation purposes, twenty-five per cent of the voters petitioning therefor. 
(§2823-u.) 

13. May restrict school board in permitting school buildings to be 
used for other than school purposes. Such action must be taken at an (H. 
F. 167, 67th G. A.) annual meeting. 

Sec. 137. When Propositions Must Be Submitted. 

" * * * The board may, or, upon the wi'itten request of five vot- 
ers of any rural independent district, or of ten voters of any school town- 
ship, or of twenty-five voters of any city or town independent district having 
a population of five thousand, or less, or of fifty voters of any other city or 
town independent district, shall provide in the notice for the annual meeting 
for submitting any proposition authorized by law to the voters." (§2749.) 

35 



And when so petitioned it is mandatory upon the board to provide for 
submitting any proposition included in the petition. Since §274 6 requires 
ten days' notice to be given, it is necessary that petitions be filed with the 
board more than ten days before the annual meeting, to enable it to direct 
the secretary to give proper notice that such propositions will be submitted. 
(See exceptions, however, noted in Nos. 8, 11 and 12, next above.) 
Sec. 138. Election by Ballot — Form of Proposition. 

All elections by the people shall be by ballot. (Cons, of Iowa, Art 2, 
§6), and " * * * ^11 propositions shall be voted upon by ballot in sub- 
stantially the following form: 'Shall a change of textbooks be directed?' 
(or other question, as the case may be,); and the voter shall designate his 
vote by writing the word 'yes* or 'no' in an appropriate place on the ballot." 
§(2749.) The omission from the official ballots of the detailed proposition 
to be voted on does not necessarily invalidate an election. "If the voter 
knows, or can readily ascertain the full scope and meaning of the proposition 
by reference to other papers and proceedings, it is sufficient. In other 
words, the langaiage of the ballot is to be construed in the light of facts 
connected with the election." (173 Iowa 610.) For form of proposition 
when it is desired to issue school building bonds in excess of one and one- 
fourth per cent of the actual valuation of the property of the corporation, 
see §230. 

A tie vote for director or treasurer shall be publicly determined by lot, 
forthwith, before adjournment, under the direction of the judges (§2754), 
and the judges of election shall issue certificates of election to the direc- 
tors chosen. (§2748.) 
Sec. 139. Who May Vote ankl Qualifications of Electors. 

See §153. 
Sec. 140. Registration — When Required. 

"Each school corporation having five thousanki, or more, inhabitants 
may be divided into such number of precincts as the Board of Directors shall 
determine, in each of which a poll shall be held at a convenient place, fixed 
by the Board of Directors, for the reception of ballots of voters residing in 
such precinct. The clerk of the city shall furnish to the Board of Directors 
the last i-egistei's of elections, and these registers shall be used at, and have 
the same foice and effect at school elections held under this section in re- 
ception of votes thereat, as at general elections. The Boai'd, of Directors of 
such school corporation, on or befoi'e the last Monday preceding such elec- 
tion shall appoint two suitable persons to be registrars in each of the elec- 
tion precincts of such school corporation for the registration of voters there- 
in, who shall have the same qualifications as registrars appointed for gen- 
ei'al elections, and shall qualify in the same manner, and receive the same 
compensation to be paid by the school coi*poration. The registrars shall 
meet on the day of election at the voting place in the precinct in which 
they have been appointed, and shall hold continuous session from nine 
o'clock in the forenoon until seven o'clock in the afternoon. Any person 
claiming to be a votei', and who is not already registered! in the proper pre- 
cinct, may appear before them in the election precinct where he claims he 
is entitled to vote, and make, and subscribe to, under oath, a statement in 
the i-egisti*y book, which oath and statement shall be of the same general 
character as that prescribed by section 1077 of the code, and shall thereupon 
be granted a certificate of registration. * * * j^o register shall be 
prepared, nor shall registration be required, in any school corporation con- 
taining a city in which registration is not i-equired at the general or city 
elections." (§2755, as amended by H. F. 405, 37th G. A.) 
Sec. 141. Who May Be Director and Tei-m of Office. 

See §143 below. The term of office in school townships is one year 
and in independent districts it is three years. (§2745.) 

36 



Sec. 142. Vacancies in Office of Director of Independent Districts. 

The law pertaining to vacancies in the offices of subdirector and direc- 
^4or in independent districts is the same. See §158 and the first sentence 
of §148. 

Sec. 143. Poll Books. 

At tlie annual meeting the secretary shall record in a book provided 
for that purpose the names of all persons voting thereat, the number of 
votes cast for each candidate, and for and against each proposition submitted. 

■ (§2761.) 

Sec. 144. Organization of Boards. 

See §44. Persons elected to fill vacancies on any board will assume the 
duties of their office as soon as they qualify. They must qualify within ten 
days from the date of their election or appointment. (Code, §1295.) 
Sec. 145. Financial Statement. 

It is the duty of the board of every school corporation, two weeks be- 

' fore the annual school election in March, to publish, by insertion in one or 
more newspapers, if any are published in such district, or, if there are none, 
by posting up not less than three detailed and specific statements of receipts 
and expenditures for the year preceding. They shall, in like manner, pub- 
lish an estimate of the amounts they believe necessary to maintain the 

ischools for the ensuing school year. (§2781, as amended by H. F. 412.) 
Sec. 146. Special Meetings of Electors — Notices. 

A special meeting may be held, which " * * * shall have the 
power given to a regular meeting with reference to the sale of school prop- 
erty, and the application to be made of the proceeds, and to vote a school- 
house tax for the pxu'chase of a site and the construction of a necessary 

. schoolhouse, and for obtaining roads thereto." (§2750.) The provisions 

, of the law pertaining to special meetings of the electors, and the notice 
thereof, are found in §§2750, 2753, 2763-A, 2763-B, 2763-C, 2794-A and 
2820-d 3. (See §§85 to 88.) It is important to remember that the notice 
required to be given for a special meeting is not the same in every case as 
:ihe notice required to be given for the regular annual meeting. For ex- 
ample: in a school township, at the regular annual meeting, notices must 
be posted in five public places in the corporation (§2746), whereas, at the 
special meeting in the school township at least five notices must be posted, 
and they shall be posted at the door of each schoolhouse, and also at or 

■ near the last place of meeting. (§2763-C.) 

The above does not mean, however, that a special election of the voters 
for the purpose of changing the form of organization must be held at a cer- 
-jtain time. 

J,;.' Section 2820-d 2 provides (See §230) that certain independent districts 
-may contract an indebtedness not exceeding five per cent of the actual 
value of the taxable property, and section 2820-d 3 provides that notice 
.thereof shall be given by publication in a newspaper. These statutes have 
.been construed by the Supreme Court, in 172 Iowa 340, in which it is said: 
f 'Coming down to the crucial question before us, we find that in one sec- 
tion there is a provision that notices of both annual and special meetings 
i must be given by posting. (§§2746, 2750) ; yet section 2820-d-3 says that no- 
tice of such an election as was hei*e held shall be by publication. The only 
way to harmonize these is to say that the first two relate to other than inde- 
., pendent districts, and the last to indei>endent districts, or to independent 
"districts, under certain conditions Which are here present — that is to say, 
to the creation of certain indebtedness. But if they cannot be harmonized, the 
Isfst section is the last expression of the legislature applicable to such elections 
as are here involved, and, being the last, all former statutes with reference 
to the same subject inconsistent with the latter one are, by implication, re- 

37 



pealed. Whichever view be taken, as defendant followed the law as found 
in §§3820-d 1 to 2830-d-4, the published notice must be upheld." (172 

Iowa 340.) , : ' J L.^» 



CHAPTER Vm. 

THE SUBDISTRICT MEETING. 

Sec. 14T. Date. Sec. 153. Who May Vote — Qualification 
' 14S. Notice — Hy Wliom Posted. of Electors. 

149. Purpose of Meeting and Powers 154. Who May Be Director, 
of Electors. 155. Term. 

150. Beginning-, Duration and Clos- 156. Failure to Elect — Holdover. 
ing the Meeting. 157. When to Qualify. 

151. Organizing and Conducting. 158. Vacancies — How Created. 

152. Election by Ballot — N'o Cau- 159. Vacancies — How Pilled, 
cus — Tie Vote. 

A meeting of the voters of each subdistrict of the school township shall 
be held on the first Monday in March (§2751.) Special meetings may also 
he held. See §149 below. 

Sec. 148. Notice — By Whom Posted. 

At least five days' notice of the meeting shall be given by posting no- 
tices in at least three public places in the subdistrict (2751.) If a special 
schoolhouse tax is to be voted on the property of the subdistrict, ten days' 
notice must be given (§2753.) Notices for the regular subdistrict meeting 
shall be posted by the subdirector, but if there be no subdirector, they shall 
be posted by the secretary of the board (§2751.) 

Sec 149. Purpose of Meeting and Powers of Electors. 

The voters shall select a chairman and secretary, who shall act as 
judges of election. They shall also elect a director for the subdistrict 
(§2751), and, if ten days' notice has been given, may vote to raise a greater 
amount of schoolhouse tax than that voted by the voters of the school town- 
ship, the aggregate amount of both not to exceed fifteen mills on the dol- 
lar (§27 53.) A special meeting may also be held to vote a special school- 
house tax, ten days' notice being given (§2753.) 

Sec. 150. Beginning, Diu'ation and Closing the Meeting. 

The subdistrict meeting shall not organize earlier than nine o'clock 
a. m., and shall not adjourn earlier than twelve o'clock m. (§2751.) The 
polls shall remain open at least two hours. (§2754.) 

Sec. 151. Organizing and Conducting. 

Any qualified voter may call the meeting to order, and the first busi- 
ness is the election of a chairman and a secretary from among the voters 
present (§2751.) The chairman shall declare the polls open for the purpose 
of electing a director of the subdistrict, and for such other business as may 
come before the meeting, stating each proposition. When the hour for 
closcing arrives the chairman should declare the polls closed, and the judges 
of election should then proceed to canvass the vote. These officers will cer- 
tify the result to the secretary of the school township, and issue to the suc- 
cessful candidate for director a certificate of election (§2751.) The judges 
of election are not required to qualify. 

Sec. 152. Election by Ballot — No Caucus — Tie Vote. 

The director of a subdistrict shall be chosen by ballot (2751.) All 
propositions coming before the meeting shall be voted on by ballot. (Cons, 
of Iowa, Art. 2, §6.) Voting for a subdirector by ballot means depositing in 
the ballot box a paper upon which is written, or printed, the name of the 
person voted for. 

38 



An informal ballot or caucus can be no part of the subdistrict meeting. 
If it is desired to select candidates, this must be done before the organiza- 
tion of the meeting. But one lawful ballot may be cast or one vote taken. 
A tie vote shall be publicly determined by lot forthwith, before adjourn- 
ment, under the direction of the judges. (§2751.) 

Sec. 153. Who May Vote — Qualification of Electors. 

To have the right to vote at a school meeting one must have the same 
qualifications as for voting at a general election, and must at the time be 
a resident of the corporation or subdistrict (2747.) To be entitled to the 
right of suffrage a person must be a (1) male, (2) a citizen of the United 
States, (3) 21 years of age, (4) a resident of the state six months next pre- 
ceding the election, (5) and of the county sixty days. (Cons, of Iowa, §1, 
75 Iowa, 222.) Foreign-born citizens must have completed naturalization 
to be eligible to vote (§2747, 138 Iowa, 730.) All persons born or natural- 
ized in the United States, and subject to the jurisdiction thereof, are citizens 
of the United Slates, and of the State wherein they reside. (Cons, of 
United States, 14th Amendment. Women who have the qualifications of 
voters, except as to sex, may vote on propositions for the issuing of bonds 
for school purposes or increasing the tax levy. (138 Iowa 730, §2747.) 
Separate ballot boxes must be provided for men and women, (Code, §1131, 
172 Iowa 340.) 

Sec. 154. Who May Be Director or School Officer. 

A director may be of either sex, and must, at the time of the election 
or appointment, be a citizen and a resident of the subdistrict, and over 
twenty-one years of age, and, if a male, he must be a qualified voter of the 
corporation (§2748.) Women may hold any school office. 

Sec. 155. Term. 

The term of the director elected at the subdistrict meeting begins July 
1 following date of election, and continues for one year (§2757.) One 
elected or appointed to fill a vacancy assumes the duties of his office as 
soon as he qualifies, and he must qualify within ten days after his election 
or appointment. (Code, §1275.) 

Sec. 156. Failure to Elect — Hold Over, 

In case of the failure of a subdistrict to elect a director at the regular 
meeting, the director in office June 30th may hold over by requalifying 
within ten days. If a director-elect fails to qualify by the close of July 1st, 
unless he is his own successor, the old director may hold over by requalify- 
ing within ten days. (Code, §§1265 and 1275.) 
Sec. 157. When to Qualify. 

The person elected director for the term which commences July 1st 
has until the close of that day in which to qualify (§2758.) A person 
elected or appointed to fill a vacancy has ten days from the date of his elec- 
tion or appointment. (Code, §1275.) A director who holds over has ten 
days from the date of the organization of the board. (Code, §1275.) 
Sec. 158. Vacancies — How Created. 

A vacancy may be created by death, resignation, accepting the office 
of secretary or treasurer, removal from the subdistrict or corporation, fail- 
ure of one who might hold over to requalify. (Code, §1266.) 
Sec. 159. Vacancies — How Filled. 

(1) By the Board of Directors until the next election, and (2) by the 
voters for the remainder of the term. If there is a vacancy in the office of 
subdirector, or a vacancy has been filled by the board before a subdistrict 
election, some person should be elected to serve out the remainder of the 
term from date of subdistrict election until July 1 (§§2758 and 2771.) 
This should be done at the sanle time, and on the same ballots, that the 

39 



director for the term commencing July 1 is chosen. One candidate should 
be designated as "dii'ector for teiin commencing July 1," and the other as 
"director to fill vacancy." One person may be a candidate "to fill vacancy" 
and at the same time a candidate for the "tei-m commencing July 1." 



CHAPTER IX. 

THE TEACHER. 



162. 



163. 

164. 



Sec. 160. The Teacher's Qualifications 
as to Age and character. 
161. Normal Training Required 
After July 4, 1915. 
Scholastic Qualifications — Reg- 
istration — The Contract. 
The Contract. 

Contracts Signed by President. 
165. Breaking Contract to Teach. 

166. Discharge of Teacher. 

167. Holidays. 

168. Teacher Entitled to Compensa- 
tion. 

169. Epidemic — Closing School. 

170. Closing — Loss Made Good. 
Teachers' Certificates — 

171. Rules Governing Examinations 
— Grading Papers. 
Classes of Certificates Issued. 
State Certificates — How Issued. 

174. Uniform County and Special 
Uniform County Certificates. 
Grades Required for Uniform 
County Certificates. 

176. Subjects Required for Uniform 
County Certificates. 

177. Life Certificates. 

178. Validity of Certificates. 

179. Revocation of Certificates. 



172. 
173. 



175. 



180. The Teacher's Duties. 

Specific Duties Imposed. 

181. Keep Register. 

182. File Term Report With Secre- 
tary. 

183. Report to County Superintend- 

ent. 

184. Instruction in Stimulants and 
Narcotics. 

185. Report Violations of Attend- 
ance Law. 

186. Teacher Not to Be Agent for 
School Supplies. 

187. Care of Library. 

188. Vocal Music to Be Taught. 

189. Janitor Work. 

190. Teachers' Institutes. 

191. Pire Drills — Duty of Teacher. 

192. The Teacher's Authority. 

193. Suspension or Expulsion of 
Pupil. 

194. Corporal Punishment. 

195. Offenses Committed Off School 
Premises. 

196. The Bible in the Schools. 

197. Length of School Day. 

198. Minimum Wage for Teachers. 

199. Scale of Wages Paid Teachers. 

200. Flags for Public Schools. 

201. Teachers' Annuities. 



Sec. 160. The Teacher's Qualifications as to Age and Character. 

Under a ruling of the State Board of Educational Examiners no person 
under the age of eighteen years may teach in the public schools. Before 
admitting anyone to a teachers' examination the County Superintendent 
must be satisfied that the applicant is of good moral character, and in all 
other respects than scholarship is possessed of the necessary qualifications 
as an instructor. (§2734-L.) 

Sec. 161. Normal Training Required. 

Applicants shall have had twelve weeks of norman training; provided, 
however, that (1) this requirement shall not apply to the graduates of the 
state educational institutions, to the graduates of accredited colleges of the 
State, or to graduates of colleges of equal grade outside the State. 
(2) Neither does it apply to those who have had six months' successful 
teaching experience. (3) However, if there be schools without teachers, 
and teachers cannot be secured meeting the requirements as to normal 
training, provisional certificates may be issued to so many teachers as shall 
be required to supply such schools. (§§27o4-p, 2734-p 2.) 

Sec. 162. Scholastic Qualifications — Registration — The Contract. 

Before a teacher may legally teach in the public schools of the State 
three things are necessary. 

(1) Certificate to Teach. "No person shall be employed as a teacher 
in a common school which is to receive its distributive share of the school 
fund without having a certificate of qualification * * * ^ and no com- 
pensation shall be recovered by a teachei" for services rendered while without 
such a certificate or diploma." (§2788.) 

4.0. 



(2.) Registration of Certificate. "No person shall teach in any pub- 
lic school in this State whose certificate has not been registered with the 
County Superintendent of the county in which such school is located." 

(§234-Q.) 

(3) Enter Into a Contract to Teach. " * * * Contracts with 
teachers must b© in writing, and shall state the length of time the school 
is to be taught, the compensation per week of five school days, or month 
of foTU* weeks, and such other matters as may be agreed upon, signed by 
the president and teacher, and filed with the secretary before the teacher 
commences to teach vinder such contract." (§2778.) 

Of the requirements above mentioned the first two named are absolute 
requirements, and can not be legally dispensed with. Unless these two 
things are done, a teacher has no standing as such, and anyone interested 
in a legal sense, as a resident taxpayer of the school corporation, may apply 
to a court i'or a writ to prevent the board from continuing such instruction, 
and to restrain the board from paying for the same. "Boards employing 
and paying such teachers are liable to ijrosecution vinder the provisions of 
the general statvites for misapplication of fimds." (Code, §§4904, 4908, 
2822.) 
Sec. 163. The Contract. 

As above noted, the contract must be in writing, and in all other re- 
spects conform to the statute (§2778) and in no legal rights and responsi- 
bilities are incurred by an oral contract to teach on the part of the teacher 
or the board, but "however informal and insufficient the contract may be 
originally, if the teacher teaches under it, and the board does any act recog- 
nizing and accepting his services as rendered under the contract, it is a rati- 
fication which makes the contract binding in all its terms upon both parties." 
(Ebersole's Enyclopedia of Iowa Law, §1730.) (152 N. W. (la.) 571.) A 
teacher without a contract has no standing as such unless the board in some 
manner expressly, or by its acts, ratifies the oral contract. Since no one 
may teach a public school unless he is the holder of a teacher's certificate 
(§2788), it follows that an oral contract with a teacher who is not the holder 
of a teacher's certificate may not be ratified. The only safe way, it seems 
scarcely necessary to state, is to require the contract to be signed by both 
parties and filed with the secretary before the teacher commences to teach. 
- Boards of directors, in order to transact any legal business within their 
power, must meet and transact business as a board. Assent of members sep- 
arately is not sufficient. (47 Iowa, 11.) 

All matters agreed upon should be incorporated into the written con- 
tract. The law presumes that the written contract embraces the entire 
agreemenc of the parties (52 Iowa, 130), and oral evidence may not ordi- 
narily be given to change such contract. A contract violating the terms of 
the law, or unauthorized by the board, is wholly illegal and void, so far as 
the corporation is concerned, but the persons signing such contract may be 
held personally for its performance. (37 Iowa, 314.) 
Sec. 164. Contracts Signed by President. 

The president shall sign all contracts made by the board, but the board 
may authorize any subdirector to employ teachers for the schools in his sub- 
district, the contract to be approved and signed by the president. (§§2778, 
2759.) No contract to teach shall extend beyond July 1, the end of the 
school year. 
Sec. 165. Breaking Contract to Teach. 

Either party breaking a contract to teach is entitled to damages — and 
a teacher not permitted to complete her contract unless discharged for valid 
reasons, or unless her certificate is revoked (§2782) is entitled to damages, 
the amount of damages being equivalent to the wages lost. (Ill Iowa, 20; 

41 



110 Iowa 314.) If legally discharged, her wages cease from date of dis- 
charge. 
Sec. 166. — Discharge of Teacher. 

"It (the board) may, by a majority vote, discharge any teacher for in- 
competency, inattention to duty, partiality, or any good cause, after a fuU 
and fair investigation made at a meeting of the board held for that pur- 
pose, at which the teacher shall be permitted, to be present and make de- 
fense, allowing him a reasonable time therefor." (§2782.) 
Sec. 167. Holidays. 

It is lawful and quite usual for a board to give teachers holidays, and 
make no deduction from their wages. The teacher, however, may no^ claim 
It as a right. (Note 18, §2782.) 
Sec. 168. Teacher Entitled to Compensation. 

If a teacher is at the schoolhouse at the proper time, and remains dur- 
ing school hours, he is entitled to pay therefor, according to his contract, 
whether scholars are present or not. (Note 19, §2782.) 
Sec. 169. Epidemic — Closing School. 

If the local board of health, or the Board of Directors, closes a school 
on account of the presence of a contagious disease, or for like reason, the 
teacher is entitled to pay for such time according to his contract. (Note 20, 
§2782.) 
Sec. 170. Closing — Loss Made Good. 

If the schoolhouse is destroyed, or the school is closed indefinitely by 
causes beyond the control of either party to the contract, the teacher being 
ready to comply with his part, can collect pay according to contract. If said 
teacher uses proper diligence to secure employment at something which he 
can do, and secures such employment, the district will pay him the differ- 
ence between the amount received in his new work and the amount of his 
wages under the contract. In other words, his actual loss should be made 
good. (Opinion of attorney general.) (Note 22, §2782.) 

TEACHERS' CERTIFICATES. 

Sec. 171. Rules Governing Examinations — Grading Papers. 

Since this topic is of little importance to school officers the reader is 
referred to §§2629 and 2734-M for the law thereon. 
Sec. 172. Classes of Certificates Issued. 

The various classes of certificates issued are: first, second and third 
grade and special state certificates, life diplomas, first, second, third grade 
and provisional uniform county certificates, special uniform county certifi- 
cates, life certificates, and normal training certificates of graduation. 
(§§2734-D, 2629, 2634-b 7.) 
Sec. 173. State Certificates — How Issued. 

First and second-grade State certificates and special state certificates 
are issued for five years, and may be renewed under certain restrictions. 
The life diploma is good for life unless revoked for cause. 
Sec. 174. Unifonn County and Special Uniform County Certificates. 

First grade and special uniform county certificates are issued for three 
years; second-grade and normal training graduation certificates for two 
years, and third-grade certificates for one year. All first and second grade, 
normal training graduation, and special uniform county certificates which 
have not lapsed are indefinitely renewable under certain conditions. Third 
grade certificates are renewed for one year. (§2734-E, H, G, I; §26o'4-D-5.) 

Regular examinations for uniform county and special uniform county 
certificates are held on the last Friday and the Wednesday and Thursday 
preceding in the months of January, June, July and October. (§273'4-C.) An 
examination shall also be held on the last Friday of August and the two 

42 



days preceding for such persons as file certificates of attendance during the 
summer preceding, at a summer school approved for the twelve weeks of 
normal training. (2734-C.) 
Sec. 175. Grades Required for Uniform County Certificates. 

The average and minimum standings for each grade of uniform county 
certificate are as follows: 

First grade, average 85 per cent, no grade below 75 per cent. 

Second grade, average 75 per cent, no grade below 70 per cent. 

Third grade, average 65 per cent, no grade below 60 per cent. 
Sec. 176. Subjects Required for Uniform County Certificates. 

Applicants for second and third grade uniform county certificates shall 
pass an examination in didactics, reading, orthography, writing, arithmetic, 
geography, grammar, history of the United States, vocal music, and physi- 
ology, and hygiene. Applicants for first grade certificates, in addition to 
the above named subjects, must pass an examination in civics, economics, 
physics, and algebra. (§2734-d.) 

The teaching of elementary agriculture, domestic science and manual 
training is required, and teachers' examinations include agriculture, domestic 
science or manual training for those who must teach these subjects. 
(§2775-a. ) The Board of Directors, however, may dispense with the teach- 
ing of these subjects at their discretion in rural schools. (S. F. 238, 37th 
G. A.) Special uniform county certificates are issued for one or more 
branches, such as music and penmanship, and authorize the teaching of the 
special subject only. 

Sec. 177. Life Certificates. 

Regular five-year State certificates of the first and second grade, spe- 
cial State certificates, first and second grade and special uniform county 
certificates may be validated for life, except that the holders of uniform 
county certificates must have an average of 8 5 per cent, with no branch be- 
low 80 per cent. Five years' teaching experience is required, and successful 
teaching and professional study must be certified to by the Superintendent 
and recommendations made by school officers. All life certificates shall lapse, 
provided the holder shall not teach during a period of five successive yearsi 
(§2634-H-l.) 

Sec. 178. Validity of Certificates. 

Every teacher's certificate issued, except provisional (which may be is- 
sued, when necessary, under certain restrictions), is valid in any county in 
the State, but if a sufficient number of certificates higher than the third 
grade are held in any county to supply the schools thereof, the County 
Superintendent shall not be required to register third grade uniform county 
certificates. (§2734-t.) 
Sec. 179. Revocation of Certificates. 

" * * * j\i,y certificate or diploma issued by the board may be re- 
voked for any cause which would have authorized or required a refusal to 
grant the same." (§2734-T.) 

Revocation of Certificate^Charges — ^Trial — Appeal. "When, in the 
judgment of the County Superintendent, there is probable cause for the revo- 
cation of a certificate or diploma held by any teacher employed in his county, 
or when charges are preferred, supported by affidavits charging incompe- 
tency, immorality, intemperance, cruelty, or general neglect of the bvisiness 
of the school, the County Superintendent shall, Avithin ten days, transmit to 
such person a ^vritten statement of the charges prefei'red, and set the time 
and place for the hearing of the same, at which trial the teacher shall be 
privileged to be present and make defense. If, in the judgment of the County 
Superintendent, there is sufficient grounds for the revocation of the certifi- 
cate or diploma, he shall at once issue in duplicate an order revoking the 
certificate or diploma, and the same shall become operative, and of full 

43 



force and effect ten days after the date of its issue, one copy of the order to 
be mailed to the holder of the certificate and tlie other to be mailed to the 
Superintendent of Public Instruction. Provide^d, that the person aggrieved 
by such order shall have the right to appeal to the Superintendent of Public 
Instruction within ten days from the date of such mailing, and in case of 
appeal, the revocation shall not be effective luitil the same is affirmed, after 
full hearing, by the Superintendent of Public Instruction. Provided fiu*ther, 
that, in the case of life diplomas, oi" State cei'tificates of whatever class, the 
I'evocation shall not be effective until affii-med by the Educational Board of 
Examiners after full review by said board." (§27 34-U.) 

The teacher may appeal from the decision of the County Superintendent 
to the State Superintendent. See §41. 
Sec. 180. The Teacher's Duties. 

The contract to teach school does not bind the teacher to the highest 
order of talent and industry; only ordinary qualifications are called for. If 
she teaches ordinarily well, and governs the school ordinarily well, that is 
all than can be required of her in these matters. The common branches are 
all that she is required to teach unless she has contracted to teach other 
branches in which she has passed an examination. A teacher must have a 
good moral character (§2734-L), and this means that she should refrain 
from things that are offensive to the moral sense of the community. She 
must observe all reasonable rules of the board and perform all other duties 
imposed upon her by law. For a failure in these respects she may be dis- 
charged by the board. (§2782.) See §166. 

SPECIFIC DUTIES IMPOSED. 

Sec. 181. Keep Register. 

"Eacli teacher shall keep a daily register which shall correctly exhibit 
the name or number of the school, the disti'ict and county in which it is lo- 
catetl, the day of the week, month, year, and the name, age and attendance 
of each scholar, and the branches taught; and ^hen scholars reside in differ- 
ent districts separate registers shall be kept for each district. * * * 
(§2789.) 
Sec. 182. File term Report With Secretary. 

" * * * A certified copy of the register (mentioned in paragi'aph 
above) shall immediately, at the close of the school, be filed by the teacher 
in the office of the secretai-y of the board. * * * " (§2789.) 
Sec. 183. Report to Coimty Superintendent. 

" * * * The teacher shall file ^rith the County Superintendent 
such reports, and in such manner as he may require." (§2789.) For a 
refusal to file unifoi-m and reasonable reports her certificate may be re- 
voked." (§§2734-U, 2782.) 

Sec. 184. Instruction in Stimulants and Narcotics. 

"It (the board) shall require all teachers to give, and all scholars to 
I'eceive in.struction in physiology a?id hygiene, which study, in every division 
of the subject, shall include the effects upon the human system of alcoholic 
stimulants, narcotics and poisonovLS substances. * * * " (§2775.) 
Sec. 185. Report Violations of Attendance Law. 

"All teachers of the public schools shall promptly report to the secre- 
tary of the board any violations of the provisions of this Act." (§2'823-G.) 
See §211. 
Sec. 186. Teachers Not to Be Agent for School Supplies. 

It is a misdemeanor for any teacher to act as agent for school supplies 
or textbooks during her employment as teacher. (§28 34.) 
Sec. 187. Care of Library. 

See §102. 

44 



Sec. 188. Vocal Music to Be Taught. 

Vocal music must be taught in all public schools, and all teachers, 
except in schools where instruction in music is given by special teachers, 
must pass an examination in music, but inability to sing shall not be con- 
sidered in such examination. (§2823-S.) 
Sec. 189. Janitor Work. 

"In vei'y many country schools, the teacher is expected to build and 
keep up the fires in the schoolhouse, and to keep it clean. I do not hesitate 
to say that no such service can be I'equired of the teacher, miless it is so pro- 
vided in the contract, or unless, possibly, it has become the custom of the 
country, so well establisheld, and so generally understood, that the teacher 
must be presumed to have known it, and to have contracted with reference 
to it." Ebersole's Encyclopedia of Iowa Law. §1734. 
Sec. 190. Teachers' Institutes. 

There shall be held, when the schools are generally in session, one, but 
not more than two, teachers' institutes, as determined by the County Super- 
intendent. School boards, except in city independent districts, where twen- 
ty-five or more teachers are regularly employed, shall adjourn their schools 
for not less than two days in each school year in order to allow teachers to 
attend the institute without loss of salary. Any teacher failing to attend two 
days shall forfeit her average daily salary for each day of non-attendance, 
unless excused by the County Superintendent for physical disability to per- 
form her duties in the schoolroom. 

In city independent districts, where twenty-five or more teachers are 
regularly employed, the County Superintendent co-operating with the City 
Superintendent, shall at time approved by the latter and the City Board of 
Education, arrange for educational lectures, arrangements subject to final 
approval by the State Superintendent. "It shall be the duty of teachers in 
said districts to attend said lectures." The County Superintendent shall is- 
sue a certificate of attendance showing attendance at institutes and educa- 
tional lectures. (§2738.) 

Sec. 191. Fire Drills — ^Duty of Teacher. 

Teachers of public and private schools of more than one story shall have 
at least one fire drill each month, and teachers of all schools shall keep all 
exits unlocked during school hours. Teachers shall instruct pupils in at 
least one lesson each quarter of the school year with reference to the causes 
and dangers of fires, from a bulletin prepared by the State fire marshal. 
(§2468-k.) 
Sec. 192. The Teacher's Authority. 

The School Board is given power to make rules and regulations (§2782) 
for the government of pupils, and it is the duty of teachers to observe any 
reasonable regulation of the board, but if they fail to make regulations for 
the government of pupilV, "the law will presume that they have delegated 
that power to the teacher, and he may establish such rules as are reason- 
able, not in conflict with law, or with rules already established by the 
board." (Ebersole's Encyclopedia of Iowa Law, §1736.) Our Supreme 
Court has said in 31 Iowa 562, that "Any rule of the school, not subversive 
of the rights of the children or parents, or in conflict with humanity and the 
precepts of divine law, which tends to advance the object of the law in es- 
tablishing public schools, must bet considered reasonable and proper." See 
also §§52, 194 and 195. 
Sec. 193. Suspension or Expulsion of Pupil. 

" * * * It (the board) may, by a majority vote, expel any scholar 
from school for immorality, or for violation of the regulations or rules es- 
tablished by the board, or, Avhen the presence of the scholar is detrimental 
to the best interests of the school, and it may confer upon any teacher, prin- 
cipal or superintendent the power temporarily to dismiss a scholar, notice of 

45 



such 'dismissal being at once given iu writing to the president of the board. 
When a scholar is dismissed by the teacher, principal or superintendent, as 
above provided, he may be readmitted by such teacher, principal or superin- 
tendent, but, when expelled by the board, he may be readmitted only by 
the board, or in the manner prescribed by it." (§278 2.) 

For good cause, then, a teacher may dismiss a pupil without fixing the 
time of return, and require him to leave the school premises, notice being 
also at once given to the director or president. Final disposal of the matter 
rests with the board. 
Sec. 194. CorjJoral Punishment. 

If the rules and regulations of the board do not provide otherwise, the 
teacher has the right to inflict corporal punishment upon refractory pupils. 
In the choice of a Itind of punishment, and in the selection of an instrument, 
as well a.s determining the degree of punishment to be administered, the 
teacher must exercise a sound discretion. Punishment must be moderate, 
and for the violation of a rule expressly, or by implication, in force when 
the offense was committed. If the punishment is too severe, the teacher 
may be criminally, as well as civilly, liable. (158 Iowa 501.) 

Sec. 195. Offenses Committed Off School Premises. 

A~ teacher may punish for offenses committed by pupils on the school 
premises, and has joint control with the parent, and may punish for mis- 
conduct from the time the pupil leaves home to go to school until he reaches 
home from school. Our Supreme Court has said in 31 Iowa 567, that "The 
view that acts, to be A\dthout the authority of the School Board and teachers 
for discipline and coiTection, must be done within school horn's, is narrow 
and Avithout regard to the spirit of the law and the best interests of oiu*. 
common schools," and if the effects of acts done outside school hours reach 
within the schoolroom during school hours, and are detrimental to good or- 
der and the best interests of the pupils, it is evident that such acts may be 
forbidden. 
Sec. 196. The Bible in the Schools. 

"The Bible shall not be excluded from any public school or institvition 
in the State, nor shall any child be required to read it contrary to the wishes 
of his parent or guardian," (§2805.) 

While moral instruction should be given in every school, neither this 
section nor the spirit of our constitution and laws, will permit a teacher or 
board to enforce a regulation in regard to religious exercises, which will 
wound the conscience of any, and no scholar can be required to conform to 
any particular mode of worship. (64 Iowa 367.) The reciting of the Lord's 
prayer, without more, is not prohibited. (153 N. W. (la.) 1020.) 
Sec. 197. Length of School Day. 

"The statute nowhere defines a school day, but custom has fixed the 
length of a school day at six hours. Without special agreement, a teacher 
could not be required to hold school moi-e than six hours per day, according 
to the custom, nor could he lawfully shorten the day without the express or 
implied consent of the board." Ebersole's Encyclopedia of Iowa Law. 
§1731. 

Sec. 198. Minimvim Wage for Teachers in the Public Schools. 

The Thirty-fifth General Assembly passed a law establishing a minimum 
wage for teachers in the public rural, graded and high schools of the State. 
It also prohibits the contracting for, or paying, a lesser sum, and provides 
penalties for violation of the law. The board, however, may pay a greater 
wage than the certificate calls for. For requirements for various grades of 
certificates, see §175. The law follows: 

"All teachers in the public schools of this State shall be paid for their 
services a minimum wage of not less than the amounts hereinafter set forth. 
All fractions in average grades to be figured at the nearest whole number. 

46 



"1. Teachers holding a first grade uniform county certificate or higher 
shall be paid a daily wage of not less than a sum obtained by multiplying 
three (3) cents, by the general average grade shown on such certificate. 

"2. Teachers holding a second grade imiform county certificate shall 
be paid a daily wage of not less than a siun obtained by multiplying two and 
three-quarters (294) cents by the general average grade shown on such cer- 
tificate up to arid including a general average grade of eighty-five (85) per 
cent. 

"3. Teachers holding a third grade uniform county certificate shall be 
paid a daily wage of not less than a sum obtained by multiplying two and 
one-half (2^^ ) cents by the general average shown on such certificate.. 

"Provided that a teacher having contracted on a second or third grade 
certificate in conformity with this act, shall fulfill such contract at the wage 
fixed at the time of signing same, plus any additional credit earned under 
section two hereof. ( § 2 7 7 8 -a . ) 

"Sec. 2. Every teacher holding either a second or third grade certifi- 
cate who has taught successfully for one year, and attended an approved 
teachers' training school for a period of six weeks following, shall, upon 
proper certification of such attendance, receive a credit of three points in 
estimating the salary dvie, and to be paid, but such credit shall not operate 
to raise the grade of such certificate. (§2778 -b.) 

"Sec. 3. It shall be imlawful for any school board, or any school offi- 
cer, to contract for, or pay, a less wage to any teacher in the public schools 
of this State than the minimiun amounts herein fixed for the grade certifi- 
cate held by such public school teacher. But nothing herein shall be con- 
strued as limiting the right to make a lawful contract for a higher wage than 
herein specified as a minimum." (§2778-c.) 

"Sec. 4. Any school officer violating the provisions of this Act shall 
be fined a sum of not less than twenty-five ($25.00) dollars, nor more than 
one hundred ($100.00) dollars, in the discretion of the court, and shall be 
suspended from office." (§2778-d.) This statute has been held constitu- 
tional. (§165 Iowa 697.) 

Sec. 199. 

The following schedule indicates the minimum wage teacliers are to 
receive, based upon the grade of certificate and average grade shown on 
such certificate: 

THIRD GRADE UNIFORM COUNTY CERTIFICATE, 
The lowest general average grade for a certificate is 65 per cent. 

Daily Wage. Monthly Wage. 

65 per cent general average grade at 2i/^c $1,625 $32.50 

66 per cent general average grade at 2%c 1.65 33.00 

67 per cent general average grade at 2%c 1.675 33.50 

68 per cent general average grade at 2%c 1.70 S'4.00 

69 per cent general average grade at 2%c 1.725 34.50 

70 per cent general average grade at 2%c 1.75 35.00 

71 per cent general average grade at 2i/^c 1.775 35.50 

72 per cent general average grade at 2i/^c 1.80 36.00 

73 per cent general average grade at 2i/^c 1.825 36.50 

75 per cent general average grade at 2%c 1-825 36.50 

74 per cent general average grade at 2%c 1.85 37.00 

74 per cent with 3 points added at 2%c-— 1.925 38.50 

47 



SECOND GRADE UNIFORM COUNTY CERTIFICATE. 

The lowest general average grade for a certificate is 75 per cent. 

Daily Wage. Monthly Wage. 

75 per cent general average grade at 2%c $2.0625 $41.25 

76 per cent general average grade at 2%c 2.09 41.80 

77 per cent general average grade at 2%c 1.1175 42.35 

78 per cent general average grade at 2%c 2.145 42.90 

79 per cent general average grade at 2%c 2.1725 43.45 

80 per cent general average grade at 2%c 2.20 44.00 

81 per cent general average grade at 2%c 2.2275 44.55 

82 per cent general average grade at 2%c 2.255 45.10 

83 per cent general average grade at 2%c 2.2825 45.65 

84 per cent general average grade at 2%c 2.31 46.20 

85 per cent general average grade at 2%c 2.3375 46.75 

85 per cent with three points added at 2%c 2.42 48.40 

FIRST GRADE UNIFORM COUNTY CERTIFICATE. OR HIGHER. 

The lowest general average grade for a certificate is 85 per cent. 

Daily Wage. Monthly Wage. 

85 per cent general average grade at 3c 2.55 $51.00 

86 per cent general average grade at 3c 2.58 51.60 

87 per cent general average grade at 3c 2.61 52.20 

88 per cent general average grade at oc 2.64 52.80 

89 per cent general average grade at 3c 2.67 53.40 

90 per cent general average grade at 3c 2.70 54.00 

91 per cent general average grade at 3c 2.73 54.60 

92 per cent general average grade at 3c 2.76 55.20 

93 per cent general average grade at 3c 2.79 55.80 

94 per cent general average grade at 3c 2.82 56.40 

95 per cent general average grade at 3c 2.85 57.00 

96 per cent general average grade at 3c 2.88 57.60 

97 per cent general average grade at 3c 2.91 58.20 

98 per cent general average grade at 3c 2.94 58.80 

99 per cent general average grade at 3c 2.97 59.40 

100 per cent general average grade at 3c 3.00 60.00 

Sec. 200. Flags for Public Schools — Duty ot Teacher and Board. 

"Section 1. That it shall be the duty of the Board of Directors of each 
school corporation of this State to provide a suitable flagstaff on each public 
school building maintained under the authority of such Board of Directors, 
and to provide each of such school buildings with a suitable flag, and such 
flag shall be raised over such building on all days when weather suitable 
therefor shall prevail. 

"Section 2. That at the commencement of each school day the teacher, 
superintendent, principal, or whoever has the general supervision of the 
school administration within any such building, may arrange for the raising 
of such flag, as herein provided for, over the said building, with appropriate 
services, when weather conditions will permit, at the beginning of ea«h 
school day." (§2804-a, b.) 
Sec. 201. Teacher's Annuities in Certain Corporations. 

Independent districts of 75,000, or more, may establish a pension and 
annuity retirement system for the public school teachers of such district. A 
retirement fund is created by an annual tax not exceeding two-tenth's of a 
mill on the dollar, by an assessment of teachers not exceeding one per cent 
of their salaries, and by the interest on any permanent fund which may be 
created by gift, bequest, or otherwise. The Board of Directors has charge 
of the operation of such system. (S. F. 298, 37th G. A.) 

48 



CHAPTER X. 

THE PUPIL. 

Sec. 202. "Who May Attend School. Sec. 210. High School Tuition Law. 

203. Admission of Keginners. 211. A Compulsory Attendance. 

204. Defacing Public Property. 212. Miscellaneous Provisions Con- 

205. Indigent Children Furnished cerning Attendance Law. 

Free Textbooks. 213. Use of Tobacco by Pupils Pro- 

206. Provision for Blind and Deaf hibited. 

Children. 214. Music and Physiology to Be 

207. Free Textbooks to Pupils. Studied. 

208. Subject to Rules and Regula- 215. Fraternities Prohibited in Pub- 
tions of Board. lie Schools — When. 

209. Attending School in Another 
Corporation. 

Sec. 202. Who May Attend School. 

" * * * Every school shall be free of tuition to all actual resi- 
dents between the ages of five and twenty-one years. * * * " (§2773.) 
As to evening schools, see*§71. 
Sec. 203. Admission of Beginners. 

"All persons of the ages of five to twenty-one, who are actual residents 
of a school corporation, may attend some school in said corporation, pro-» 
Arided they are able to be classified under the course of study and rules pre- 
scribed by the board. Those who have never attended school, or who have 
not received sufficient instructions to enable them to take the work of some 
class already organized, may demand admission only when a beginning class 
is organized," (Note 28 to §2772, School Laws.) 
Sec. 204. Defacing Public Property. 

"If any person wilfully ^vrites, makes marks or draw characters on the 
walls or any other part of any chiu-ch, college, academy, schoolhouse, court- 
house or other public building, or on any fumitiu'e, apparatus or fixtures 
therein; or wilfully injiu'e or deface the same, or any wall or fence inclosing 
the same, he shall be fined not exceeding one hmidrd dollars, or imprisoned 
in the county jail not more than thirty days." (Code, §4802.) 
Sec. 205. Indigent Children Furnished Free textbooks. 

" * * * It (the board) may fiu'nish schoolbooks to indigent chil- 
dren when they are likely to be deprived of the proper benefits of school un- 
less so aided." (§2783.) 
Sec. 206. Provision for Blind and Deaf Children. 

Any school corporation having five or more blind children of school age 
may provide instruction for such, to be approved by the Superintendent of 
Public Instruction. The same provision is made for deaf children. Such in- 
struction is to be for the first eight grades. The sum of one hundred dollars 
is paid by the State for the instruction of such children for each child. (S. 
F. 331, 37th G. A.) I t 

Sec. 207. Free Textbooks to Pupils. 

Free textbooks may be furnished to all pupils if, at the annual meeting 
of the electors, a majority of those present and voting shall authorize the 
board to furnish texts to pupils (§28 36), a petition signed by ten per cent, 
or more, oi the qualified voters, at least thirty days prior to the meeting, 
having petitioned that such a proposition be submitted. (§2836, as amended 
by H. F. 49, 37th G. A.) 
Sec. 208. Subject to Rules and Regulations of the Board. 

Every pupil is subject to the rules and regulations of the board, and 
may be suspended or expelled from school, or otherwise punished for infrac- 
tions of the rules. (§§2772, 2782.) See this subject further in §§52 and 
192. 
Sec. 209. Attending School in Another Corporation. 

"A child residing in one corporation may attend school in another in 
the same or adjoining covinty if the two boards agree. In case no such 

49 



agreement is made, the County Superintendent of the county in which the 
child resides, and the boai-d of such adjoining; coi'poration may consent to 
such attendance, if the child i-esides neai'er a schoolhouse in the adjoining 
corporation, and one and one-half miles, oi- more, from any public school 
in the corpoi-ation of his residence. But, befoi-e granting such consent, the 
County Superintendent shall give notice to the board whei'e the child resides, 
and hear objections, if any. In case such consent is given, the board of the 
distiict of tlie child's residence shall be notified thereof in wi-iting, and shall 
pay to the other district the average tuition per week for the school or 
room thereof in which such cliild attends. * * * " (§2806, as amended 
by H. F. 565, 37th G. A.) 

No school corporation is compelled to accept pupils from another cor- 
poration. Consent of the board of the corporation wherein the pupil re- 
sides is not necessary, provided the County Superintendent consents, and 
provided, also, that the pupil lives more than one and one-half miles from a 
school in his home corporation and nearer a school in another corporation 
adjoining. 
Sec. 210. High School Tuition Law, 

"Any person of school age who is a resident of a school corporation 
which does not offer a four-year high school coui-se, and who has completed 
the coiu'se as approved by the Department of Public Insti'uction for such cor- 
poration, shall be permitted to attend any public high school or county high 
school in the State, approved in like manner, that will receive him. Any per- 
son applying for admission to any high school luider the provisions of this 
Act shall present the officials of said high school the affidavit of his, or her, 
father, mother, guar^dian, or, if he have neithei', Ms next friend, that such 
applicant is of school age and a resident of a school district of this State, 
specifying the district. He shall also present a certificate signed by the 
Coiuity Superintendent showing pi-oficiency in the common school bi-anches, 
reading, orthogi-aphy, arithmetic, physiology, gi'anunar, civics of Iowa, geog- 
raphy, United States history, penmanshiii, and nuisic. The school corpora- 
tion in which such student resides shall pay to the secretary of the corpora- 
tion in which such student shall be pennitted to enter a tuition fee of five 
dollars (.$5.00) per month, but in disti-icts in which there is a city of the first 
class, a tuition fee of seven ($7.00) dollars per month may be charged, in the 
High School Department in the latter coiporation during the time he so at- 
tends, not exceetling, however, a total period of four school yeai-s; provided 
that svich tuition shall in no case exceed the average cost of said tuition in 
such high school; such pajinent to be made out of the teachers' fimd and the 
contingent fimd, or out of the general fmul of the debtor corporation, and 
such tuition fee as collected by the secretary shall be turned over by him 
with an itemized statement, to the treasurer of the school fimds on or before 
Februai-y fifteenth and June fifteenth of each year. If payment is i-efused 
or neglected, the board of the ci-editor corporation shall file with the auditor 
of the covmty of the pupil's residence a statement, certified by its president, 
specifying the amoxmt due for tuition and for contingent expenses, respec- 
tively, and the time for which the same is claimed; and the auditoi- shall 
transmit to the comity treasurer an order directing such treasurer to transfer 
the amount of such account from the debtor coi'poration to the creditor cor- 
poration, and the treasurer shall pay the same in accordance therewith. N,o 
school corporation situated in a county maintaining a coiuity high school 
shall be required to pay the tuition of pupils at any high school other than 
such county high school, but this shall not apply to pupils, who, Avhile resid- 
ing at home, attend some high school other than that of the school corpoi'a- 
tion in which they reside; and the tuition to be paid by school corporations 
in such coimty shall be three and one-half dollars (.$3.50) per pupil per 
month; provided that, in comities liaAing a high school where a child resides 
at home and attends a high school outside the district of his residence other 

50 



than the county high school, and the school coiijoration where the child re- 
sides, pays the tviition for such child, and at the end of the school year it is 
found that less pupils have attended the county high school from the dis- 
trict where such child resides than was entitled to attend under the county 
high school apportionment, then, and in that case, the school corporation 
where such child resides shall be entitled to be reimbursed from the county 
high school funds for the tuition so paid, not exceeding in the aggregate an 
amovmt equal to the taxes contributed by such district to said county high 
school fund for the tax year preceding, fair and equitable credit being given 
to the county high school fund for pupils actually attending said county high 
school during said school year from the district where said child resides. 
The Coimty Superintendent shall, on being applied to for such purpose, de- 
termine in writing the amoimt due such corporation from the county high 
school fund, and furnish suqh corporation with a copy of such finding. 
Within twenty days thereafter such corporation may appeal to the district 
court from such finding by serving written notice on the County Superin- 
tendent of the taldng of such appeal. On the service of said notice the Coun- 
ty Superintendent shall file a copy of his finding in; the office of the clerk 
of the district court, and the clerk shall docket the cause \vithout fee. The 
matter shall be tried on appeal as in equity, and without formal pleading. 
The decision of the distiict comt shall be final. The treasurer shall, upon 
the filing with him of any final decision, immediately transfer from the 
coimty high school funds to the credit of the corporation entitled to the 
same the amount directed to be transferred." (§2733-1 a, as amended by H. 
F. 70, r:.'7h G. A.) ; 

In order that the rural district may be reasonably certain that the high 
school is maintaining proper standards to justify the payment required per 
pupil per month, such schools must be approved by the State Department of 
Public Instruction before this tuition can be legally collected or paid. 

Four general conditions must be met if this tuition is legally claimed by 
the officials of said high school or paid by officials of rural districts. 

1. The pupil must have completed the course in his school corpora- 
tion as approved by the Department of Public Instruction. If there is an un- 
approved high school in his district, he may attend an approved high school 
in another district, and claim from his district the legal tuition, provided he 
meets other conditions. 

2. The pupil shall present the officials of said high school a certifi- 
cate signed by the County Superintendent showing proficiency in the com- 
mon school branches. 

3. The pupil shall present the officials of said high school the af- 
fidavit of his or her father, mother or guardian, or next friend, that such ap- 
plicant is of school age and a resident of a school district of this State, speci- 
fying the district. 

4. The school corporation claiming the tuition must maintain an ap- 
proved school. 

See §§30 and 32 above. 
Sec. all. Compulsory Attendance. 

(a) Duties of Parents or Guardians — Penalty. "Any person having 
control of any child of the age of seven (7) to sixteen (16) years, mclusive, 
in proper physical and mental condition to attend school, shall cause such 
child to attend some public, private, or parochial school, where the common 
school branches of reading, writing, spelling, arithmetic, grammar, geogra- 
phy, physiology, and United States history are taught, or to attend upon 
equivalent instruction by a competent teacher elsewhere than school, for at 
least twenty-four (24) consecutive school weeks in each school year, com- 
mencing with the first week of school after the first day of September, un- 
less the Board of School Directors shall determine upon a later date, which 
date shall not be later than the first Monday in December; but the Board of 

51 



Directors in any city of the first and second class may require attendance for 
the entire time the schools are in session in any school year; provided, that 
this section shall not apply to any child who lives more than two (2) miles 
from any school by the nearest traveled road except in those districts in 
which the pupils are transported at public expense, or who is over the age 
of fourteen (14), and is regularly employed, or has educational qualifica- 
tions equal to that of pupils who have completed the eighth gi'ade, or who 
is excused for sufficient reasons by any court of record or judge thereof, 
or while attending religious service or i*eceiving religious instruction. Any 
person who shall violate the provisions of this section shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall pay a fine of not less than 
three ($3) dollars, nor more than twenty ($20) dollars, for each offense." 
(§2823-A.) 

(b) Enforcement. *'It shall be the duty of the director or president of 
any Board of Directors, or any tiniant officers appointed by such Board of 
Dii'ectors, to enforce the provisions of this Act, to sue for and recover the 
penalties herein provided, and to institute criminal prosecution against any 
person violating the provisions of this Act, and any such officers neglecting 
to do so within thirty days after a wTitten notice has been served upon him 
by any citizen of said district or the County Superintendent of the county 
within which the offending person shall reside, shall himself be liable for a 
fine of not less than ten ($10) dollars nor more than twenty ($20) dollars 
for each offense." (§2823-F.) 

(c) Teachers and School Officers — Duties. "All teachers of the pub- 
lic schools of the State, and County Superintendents, arid school officei's and 
employes shall promptly report to the secretary of the school corporation any 
violations of the provisions of this Act, of which they have knowledge or in- 
formation, and he shall promptly inform the president of the Board of Di- 
rectors the?'eof, and such president shall, if necessary, call a meeting of the 
Board of Directors to take such action thereon as the facts shall justify, 
and any child placed in any truant school may be discharged therefrom at 
the discretion of the board upon sufficient assm-ance of future good conduct 
of such child." (§2823-G.) 

(d) School Census. "It shall be the duty of all officers, empowered 
to take the school census, to ascertain the number of children of the ages 
of seven (7) to sixteen (16) years, inclusive, in their respective districts, the 
niunber of such children who do not attend school, and, so far as possible, 
the cause of failme to attend school." (§2823-1.) 

Sec. 199. Miscellaneous Provisions Concerning Attendance Law. 

Provision has also been made for truant schools (§2823-D) and truant 
officers in cities of 20,000 or more (§2823-E.) In towns and cities of the 
second class the independent school district may employ the marshal, or 
other police officer, to act as truant officer (§2823-E), and the boards of 
all school corporations are given power to provide reasonable methods of 
punishment of children who are violators of this law (§2823-H.) Princi- 
pals of private and parochial schools may be required to give detailed infor- 
mation concerning the age and attendance of pupils coming under the pro- 
visions of this Act (§2823-B.) 
Sec. 213. Use of Tobacco by Pupils Prohibited. 

"The board shall * * * make rules and regidations, 
* * * and such regulations shall pi-ohibit the use of tobacco in any 
form by any student of such schools, and such board may suspend or expel 
any such student for any violation of such rule." (§2772.) 

The above prohibition has also been extended to county high schools 
(§2732.) 
Sec. 214. Music and Physiology to Be Studied. 

Every scholar must study music, physiology and hygiene, including the 

52 



effects of stimulants and narcotics, until the outline in that branch, as pre- 
pared by the board, has been completed. (§§2826-S, 277 5.) 
Sec. 215. Certain Fraternities and Societies Prohibited in he Public 
Schools. 

It shall be unlawful for any pupil of a public school to join or solicit 
another to join a fraternity or society wholly or partially formed from pu- 
pils attending any such school, or to help to organize any such, unless sanc- 
tioned by the board. The board is given power to suspend or expel for vio- 
lation of this Act, and for violating the rules of the board made in pursu- 
ance thereof. (§27 82-a, as amended by H. F. 168, 37th G. A.) 

It is made a misdemeanor, with a penalty of from two to ten dollars 
fine, for any person, not a pupil, to enter upon school premises for the pur- 
pose of soliciting any pupil to join any fraternity, society or association or- 
ganized outside of said schools. 



CHAPTER XI. 

SCHOOL FINANCES. 

Sec. 216. The Various Funds. Sec. 224. Maximum iSxpenditure From 

217. Maximum Levies for General General Fund. 

Fund. 225. Indebtedness for Free Text- 

218. When Levies Are Made. boolcs. 

219. Schoolhouse Fund. 226. Bonded Indebtedness. 

220. School Building Bond Fund. 227. Judgment Tax. 

221. Funds Kept Separate. 228. School Funding Bonds. 

222. Secretary to Certify Taxes. 229. Exemption From Taxation. 

223. Transfer of Funds. 230. Limit of Indebtedness. 

Sec. 216. The Various Funds. 

" * * * The money collected by tax voted, or the proceeds of the 
sale of bonds valid for the purpose of building schoolhouses, shall be called 
the schoolhouse fund, and all other moneys received for any other purpose 
shall be called the general fund. * * * " (§2768, as amended by H. F. 
565, 37th G. A.) 
Sec. 217. Maximum Levy for General Fund. 

The maximum amount that may be levied for the general fund shall not 
exceed $40.00 for each pupil of school age, "but each school corporation 
may estimate not to exceed $525.00 for each school thereof, and such addi- 
tional siun as may be necessary, not exceeding five dollars for each person 
of school age for transporting children to and from school; also such addi- 
tional sum as may be avithorized in section 2825 of the Code." (§2806, as 
amended by Hi. F. 565, 67th G. A.) (Section 2825 pertains to the purchase 
and loaning of textbooks.) When the directors of a school corporation adopt 
textbooks for their corporation under §2824-5, the board may levy an addi- 
tional amount not to exceed $1.50 for each pupil of school age residing in 
the_ corporation. (§282 5.) For the maximum levy for consolidated inde- 
pendent districts see §19. 

Sec. 218, When Levies Are Made. 

The board shall estimate the amounts necessary for the general fund 
at the regular meeting in July, or at a special meeting called for that pur- 
pose, which meeting shall not be later than the third Monday in August. 
(§§2806, 2794-A (a) ). 
Sec. 219. The School House Fund. 

Sections 2749, 2750 and 27 53 state the procedure when a schoolhouse 
tax is to be voted; that is, by vote of the electors at the annual or subdis- 
trict meeting, or special meeting, when the proper notice has been given. 
See §§128 to 146, inclusive. 
Sec. 220. Funds for Erecting Schoolhouses. 

If it is desired to issue bonds to erect, complete, equip, furnish, or im- 
prove a schoolhouse, or to purchase sites therefor, and it is desired 

53 



to have the money at once and not wait for a tax to be col- 
lected §2812-c should be followed, which provides that " * * * xhe 
board * * * , when they have been heretofore, or when they may 
hereafter be authorized by the voters at the annual meeting, or at a special 
meeting calletl for that piu-pose, may issue the negotiable interest bearing 
bonds of said school corporation; said bonds to be known as school build- 
ing bonds." Said bonds may run not to exceed twenty years. (§2812-e.) 
Sec. 221. Fluids Kept Separate. 

The treasurer shall keep a separate account with each fund. (§2768, as 
amended by H. F. 56 5, 37th G. A.) 
Sec. 222. Secretary to Certify Taxes. 

It is the duty of the secretary to certify the taxes levied by the board, 
or voted by the electors, within five days after the amounts required for the 
general fund has been determined. (§2767, as amended by H. F. 565, 
37th G. A.) 
Sec. 223. Transfer of Funds. 

The only change of money from one fund to another possible under 
the law is the transfer of surplus schoolhouse funds to either the teachers' 
or contingent fund. (§2749, as amended by H. F. 565, 37th G. A.) See 
§129. 
Sec. 224. Maximiun Expenditm*e From the General Fund. 

The amount that may be expended from the contingent fund is limited 
as follows: 

"It may provide and pay out of the general fund to insure school prop- 
erty such sum as may be necessary; and may purchase dictionaries, library 
books, including books for the piu-pose of teaching vocal music, maps, 
charts and apparatus for the use of the schools thereof to an amoiuit not 
exceeding $25.00 in any one year for each schoolroom under its charge * 
* * and shall provide by levy of general fund therefor." (§2783, as 
amended by H. F. 565, 37th G. A.) 

The board may also furnish textbooks to indigent children when nec- 
essary to insure them school privileges, and may, when directed by the 
voters (§2836) buy and loan books to pupils, and, in such cases, the $25.00 
limitation does not apply. This limitation does not apply to the amount that 
may be expended for fuel, rent, and ordinary repairs. (§2768, as amended 
by H. F. 565, 37th G. A.) See also §61. 
Sec. 225. Indebtedness for Free Textbooks Prohibited. 

The school corporation shall contract no debt for the purchase of free 
textbooks. (§2825, as amended by H. F. 565, 37th G. A.) 
Sec. 226. Bonded Indebtedness. 

"The boai'd of each school corporation shall, when estimating and cer- 
tifying the amoiuit of money required for general purposes, estimate and 
certify to the Board of Supervisors of the proper county, the amoujot re- 
•quired to pay interest due, or that may become due for the year beginning 
January first thereafter, upon lawful bondetl indebtedness, and, in addition 
thereto, such amount as the board may deem necessary to apply on the prin- 
cipal; but the amoimt estimated and certified to apply on principal and in- 
terest for any one year shall not exceed five mills on the dollar of the actual 
valuation of the taxable property of the school corporation." (§2813.) 
Sec. 227. Judgment Tax. 

"When a judgment shall be obtained against a school corporation, its 
board shall order the payment thereof out of the proper fund by an order 
on the treasiu-er, not in excess, however, of the fluids available for that pur- 
pose. If the proper fund is not sufficient, then, unless its board has pro- 
vided by the issuance of bonds for raising the amount necessary to pay such 
judgment, the voters thereof shall, at their annual meeting, vote a suffi- 

54 



cient tax for the purpose. In case of failure or neglect to vote such a tax, 
the school board shall certify the amount required to the board of Super- 
visors, who shall levy a tax on the property of the corporation for the same." 
(§2811.) 
Sec. 228. School Funding Bonds. 

"For the purpose of providing for the payment of any Indebtedness of 
any school corporation represented by judgments or bonds, the Board of Di- 
rectors of such school corporation at any time or times may provide by reso- 
lution for the issuance of bonds of such school corporation to be known as 
funding or refunding bonds. The proceeds derived from the negotiation of 
such funding or refunding bonds shall be applied in paym.ent of such indebt- 
edness; or said funding bonds or refvmding bonds may be issued in exchange 
for the evidences of such indebtedness, par for par." (§2812-0, as amended 
by H. F. S'25, 37th G. A.) 

Funding Bonds. This section authorizes the Board of Directors of any 
school corporation to issue funding bonds without a vote of the electors, but 
the board cannot issue school building bonds without a vote of the electors. 
See §2812-D. 

Taxes — Bonds. There is no intimate connection between the levy of 
taxes and an outstanding bonded indebtedness. The levy of taxes is not 
intended by the law to be considered as an outstanding indebtedness. 
Sec, 229. Exemption From Taxation. 

The school buildings and the property of a school district devoted en- 
tirely to public use, and not held for pecuniary profit are not to be taxed. 
(§1304.) 
Sec. 230. Limit of Indebte'dness. 

The State constitution limits the amount that a school corporation can 
become indebted to an amount in the aggregate not exceeding five per 
centum on the actual value of the property of the corporation. (Art. 11, 
§3.) The legislature of the State has further restricted the amount of in- 
debtedness of a school corporation to one and one-fourth per cent of the 
property of the corporation. (§1306-B.) An exception has been made, 
however, permitting an indebtedness of five per cent in some instances. 
The exception as to school corporations provides that: 

"Any independent district containing, or contained in, any city, town 
or village, or any consolidateid independent district, shall be allowed to be- 
come indebted for the pvirpose of building and furnishing a schoolhouse, or 
houses, and procuring a site therefor, or for the purpose of purchasing land 
for a site already owned, to an amount not to exceed in the aggregate, in- 
cluding all other indebtedness, five per centum of the actual value of the 
taxable property witliin such independent school district, such value to be 
ascertained Tby the last county tax list previous to the incurring of such 
indebtedness, anything contained in section one thousand three himdred and 
six-b (1306-b) of the supplement to the Code, 1907, to the contrary not- 
withstanding." ( § 2 8 2 0-d 1 ) 

It is provided, however, that before an indebtedness can be created 
greater than one and one-fourth per cent a petition must be signed by twen- 
ty-five per cent of the number of those voting at the last school election 
asking "that an election shall be called, stating the purpose for which the 
money is to be used, and that the necesrasy schoolhouse or houses cannot 
be built and furnished within the limit of one and one-quarter per centimi 
of the valuation, or that svifficient land cannot be pm'chased to add to a 
site already owned." ( § 2 8 2 0-d 2 . ) 

The petition being presented, a meeting of the board must be called, 
and four weeks' notice in a newspaper given. At the election, if a majority 
vote therefor the board shall issue the bonds and m9(ke prgyi^ioit for their 

55 



payment. (§2820-D4. This election may be held at the time and place of 
holding the regular school election, or at a special meeting called for that 
purpose. (§2812-d3.) 

"At such election the ballot shall be prepared and used in substantially the 
following form: 

"Shall the (naming the independent district) issue bonds in the 

sum of dollars ($ ) for the purpose 

of constructing or equipping schoolhouses?" (Sec. 2820-d 3.) 





YES 




NO 



56 



INDEX. 

Numbers refer to sections. 



Admission of beginners 203 

Agricultural societies 27 

Allowance of claimis 55 

Annual meeting of electors 128 

Organization of 131 

Date - 128 

Beginning, duration and closing... .130 

Notice— By whom posted 129 

Annual meeting of school board — 

When 106 

Appeals 41 

Approval of bond of banks 65 

Attaching territory to adjoining cor- 
poration and restoration 13 

Attendance law 211 

Attending school in another corpora- 
tion 209 

Authority of subdirector 51 and 121 

Bible in the schools 196 

Blind and deaf children 206 

Boards of directors 3 

Board of education.. 43 

Books and papers to be delivered to 

successor ...., 76 

Bonded indebtedness 226 

Breaking conti-act to teach j 165 

Certificates — Classes 172 

Changing boundary lines 16 

Change of boundaries when corpora- 
tion limits changed 17 

Closing school — Loss made good, 

when U.170 

Compulsory attendance law 211 

Contracts 52 

Contracts by subdirector — When 

made 51 

Contracts with teacher 163 

Contracts with teacher signed by 

president of board 164 

Consolidated independent districts..., 19 
Petition for — Question submitted 

— O'rganization completed 19 

Board to organize — Tax levy 18 

Transportation contracts 21 

O'rganization 23 

School building — Location 22 

Dissolution 24 

State Aid to consolidated schools.. 25 

Corporal punishment 194 

County superintendent — 

Ejlection — Term t 34 

Examinations 39 

Salary 36 

Powers and duties 38 

Teachers' institutes 40 

Reports 42 

Qualification 35 

Visitation of schools 44 

City superintendent — Term 51 

Date for opening schools 116 

Department of public instruction 28 

Deputy county superintendent 37 

Deputy state superintendent 29 

Dividing school township into sub- 
districts 9 

Division of liabilities and assets 

when change in boundaries 18 

Directors elected — ^When 132 

Director in independent districts 97 

Discharge of teacher 155 



Election by ballot 138 

Election of teachers 51 

Employing counsel -- 58 

Entrance and exit doors to open out- 
ward 68 

Enumeration of pupils by secretary.. 89 

Epidemics — Closing school 169 

Erection or repair of schoolhouse 61 

Evening schools 71 

Examination — Teachers' .....39 and 171 

Examinations — Eighth grade 210 

Expulsion of pupil 193 

Failure to elect director 156 

Fences ''3 

Financial statement by board 145 

Financial report filed monthly by 

secretary 83 

Fire drills 191 

Flags for schools 200 

Form of propositions 138 

Form of petition to nominate 134 

Formation of independent city, town 

or village districts 1'5 

Free textbooks to pupils 207 

Funds 216 

Funds kept separate - ...221 

Grades required for uniform county 
certificates 175 

High school tuition law 210 

Higher or union schools 63 

Holidays _ 167 

Indebtedness — Limit 230 

Indebtedness for free textbooks for- 
bidden u - ...225 

Indigent children furnished text- 
books ..--.205 

Inspector of normal training in high 
schools 31 

Inspector of rural schools a 

Janitor work -- 1^9 

Judgment tax '■^ ' 

Length of school day 197 

Levies — When made -- ^i° 

Maximum for various funds ^i-' 

Life certificates 177 

Library books 74 

Location of .school sites o^ 

Maximum expenditure general fund..224 

Meetings of school board 47 

Minimum wage law -jvv-" oY^ 

Music and physiology to be studied-.^l4 

Names of candidates for director 
filed — ^When rr nr 

Non-performance of duty — Penalty... 75 
Notice of annual meeting of elec- 



tors 



.129 



Notice by subdirector or subdistrict 
meeting - 1^8 

N'otice of special meeting of elec- 
tors given by secretary ron 

Normal institutes 19" 

Normal training required of teach- 
ers - „— .^161 

Number of Directors in independent 
districts 127 



57 



Order of business — Old board 107 

Order of business — New board'. 112 

Offenses committed off school 

premises 195 

Organization of school board.. ..44 and 110 

Parli life schools 

Powers and duties of school board. .50-74 

Powers of electors 136 

Powers and duties of State Superin- 
tendent 30 

President of board — 

Election — Quilification — Vacancies 

77 

Punishments 194 

Qualifications of County Superin- 
tendent 35 

Qualifications of electors .153 

Qualifications of State Superintend- 
ent 2 8 

Quorum of board 49 

Registration of voters — When 140 

Renting room. 64 

Repairs 117 

Reports by County Superintendent.... 42 
Reports by secretary to County Su- 
perintendent 88 

Rules and regulations by board 

52 and 167 

Rural independent districts united 

into school townships 14 

Rural schools — Inspector 31 

Salary of County Superintendent 36 

Salary of Deputy County Superin- 
tendent 37 

Salary of school officers 58 

Secretary of School Board — 

Election — Qualification — Term 79 

Certifies taxes ....2,22 

Duties in general 82 

Financial report, files S3 

Financial report, files 83 

Reports 88 

Notice of annual meeting 129 

Miscellaneous provisions concern- 
ing 90 

Secret fraternities prohibited 202 

Settlement with treasurer 108 

School building fund 207 

School corporations — Classes 7 

School funding bonds 228 

Schoolhouse fund 21 

School township changed to rural in- 
dependent districts 10 

School townships — How formed 8 

School system — Officers 1 

Special meetings of electors: 146 



State aid to consolidated schools 25 

State Superintendent 28-33 

State Board of Education 4 

State Board for Vocational Educa- 
tion 7 

State certificates 173 

Submitting propositions to electors.... 57 
Subd'irectors — 

Powers and duties 99 

Notice of subdistrict meeting 100 

School census 101 

Hiring teeachers 51 and 121' 

Purchasing supplies 121 

Care of library 102 

Subdistrict meeting — Date 148 

Notice 148 

Purpose, and powers of electors. ...149 

Organization and conducting 151 

Beginning, duration and close 150 

Subdividing independent districts 12 

Subjects required for uniform county 
certificates 165 

Teacher's authority .192 

Teacher — Qualifications 160 

Teacher's duties 180 

Keeps register 181 

Files term report with secretary....l82 
Report to County Superintendent....l83 

Care of library 102 

Janitor work 189 

Instructs in stimulants and nar- 
cotics .....184 

Teaclies vocal music 188 

Transfer of funds 210 

Transportation of pupils 64 

Treasurer — 

Election — Qualification — Term.... 

91 and 135 

Payment of warrants 93 

Deposits funds at interest 94 

Settlement with 108 

Duties in general 92 

Trees — Duty of board 73 

Use of schoolhouses 70 

Uniting independent districts 12 

Vacancies in office 132, 158, 159 

Vacations 167 

Validity of certificates 178 

Visitation of schools 125 

Wages of teachers 198 

Water closets to be maintained 66 

Who may attend school 202 

Who may be director _ 154 

Who may vote 153 

Where pupils shall attend 62 



58 



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